NCJ Number
180859
Date Published
1998
Length
39 pages
Annotation
This paper traces the evolution of the waiver process (transfer of juveniles from juvenile courts to adult courts for adjudication) from judicial waiver decision-making to the current emphasis on statutory and prosecutorial waivers.
Abstract
Concern with youth violent crime, drugs, and gangs has increased pressure to "get tough" with youthful offenders involved in such offenses. This was facilitated by removing selected youth from juvenile court and transferring them to criminal court. Essentially, judicial waiver provides the juvenile court with a mechanism for identifying youth who are not amenable to care and treatment and for transferring jurisdiction to criminal court. Politicians have also been adding to the transformation by imposing statutory exclusions that automatically disqualify an increasing number of youth from juvenile court. The authors argue that by focusing on the prevention of delinquency (primary and secondary), the policy debate can move beyond coddling versus getting tough, beyond treatment versus punishment, and continue to emphasize and develop strategies and programs that are effective in stopping and reducing the incidence of crime by youth. This facilitates more rational and moderate thinking and less ideological extremism. As a model for dealing with juvenile delinquents, this orientation promotes a balanced approach of accountability, public safety, and competency development. 85 references