NCJ Number
157923
Date Published
Unknown
Length
23 pages
Annotation
The rehabilitation mission of California's juvenile court has been eroded over the past 20 years by legislation authorizing the waiver of juvenile offenders to adult court.
Abstract
The waiver laws are based on the belief that a small group of serious juvenile offenders are beyond the reach of rehabilitative intervention. As a result of the expanding use of waiver statutes by prosecutors, juvenile defense advocates must develop and present arguments that demonstrate their client's fitness for or amenability to the juvenile court's care and treatment. Analyzing amenability and presenting convincing arguments require information from many fields, including law, mental health, criminology, sociology, and education. When arguing criminal sophistication, the extent to which a minor has moved into a fully criminal lifestyle, district attorneys often cite the youth's history of gang affiliation, firearms possession, or violent behavior. Contrary to popular assumptions, however, gang membership is not synonymous with criminal sophistication or lifestyle. In determining the potential for rehabilitation, the California Youth Authority must recognize that not all violent offenders are predisposed toward violent behavior. Youths who are at high risk for continued violence demonstrate a combination of psychiatric, neurological, and cognitive disabilities. Further, academic potential and employment are indicative of a youth's rehabilitative potential. Stable family relationships are important in preventing future criminality as well. Consideration must also be paid to the involvement of juveniles in prior delinquent behavior, previous juvenile justice system interventions, and offense circumstances and seriousness. It is concluded that juvenile court waiver does not have a deterrent effect. 56 footnotes