Legal and Procedural Issues Related to the Waiver Process (From Major Issues in Juvenile Justice Information and Training - Readings in Public Policy, P 227-264, 1981, John C Hall et al, ed. - See NCJ-77318)

• NCJ Number: 77322
• Author(s): S M Davis
• Date Published: 1981
• Length: 38 pages
• Sale Source: Academy for Contemporary Problems
• Language: English
• Country: United States of America

Annotation

Legal and procedural issues related to the juvenile court waiver process are examined to determine the extent to which certain rights are applicable to juvenile proceedings and the extent to which the possibility of waiver makes their applicability more compelling.

Abstract

Issues which arise before and during the waiver process relate to the admissibility of juvenile confessions, the use of lineups, hearsay evidence, and the right to bail. Other issues related to the waiver process include the confidentiality of juvenile court files after waiver, the need for a probable cause determination, and the effects of plea bargaining and guilty pleas. Additional issues include prosecutorial discretion, amenability to treatment, and the right to an appeal from a waiver order. Statutory and constitutional provisions are discussed as are pertinent State and Federal case law. Among recommendations are the adoption of an absolute requirement of parental presence in connection with custodial interrogation of children and the treatment of child's request to see a parent before or during interrogation as the equivalent of a request to see an attorney. Bail should also not be allowed in juvenile proceedings, even in those in which the child faces a possibility of transfer to criminal court, and information in the juvenile court file should not be permitted to be used in a subsequent criminal proceeding, except on the question of sentencing or disposition. It is also recommended that timely appeal of a waiver order by either the child or the state is permitted. Additional recommendations and footnotes are provided.