SENDING THE ACCUSED JUVENILE TO ADULT CRIMINAL COURT - A DUE PROCESS ANALYSIS

• NCJ Number: 34775
• Journal: Brooklyn Law Review Volume: 42 Issue: 2 Dated: (FALL 1975) Pages: 309-350
• Author(s): G J WALLANCE
• Date Published: 1975
• Length: 42 pages
• Corporate Author: Brooklyn Law School
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DUE PROCESS ANALYSIS OF STATUTORY PROCEDURES USED TO TRANSFER JUVENILES ACCUSED OF CRIMINAL OFFENSES FROM THE JURISDICTION OF THE JUVENILE OR FAMILY COURT TO THE ADULT CRIMINAL COURTS.

Abstract

THREE TYPES OF PROCEDURES USED TO EFFECT THIS TYPE OF TRANSFER ARE CONSIDERED - WAIVER OF THE JUVENILE COURT'S JURISDICTION BY THE JUVENILE COURT JUDGE; TRANSFER OF THE JUVENILE TO THE ADULT COURTS AT THE DISCRETION OF THE PROSECUTING ATTORNEY; AND DEPRIVATION OF JUVENILE COURT JURISDICTION OVER YOUTHS CHARGED WITH CERTAIN OFFENSES BY MEANS OF LEGISLATIVE WAIVER. THE ISSUE OF WHETHER OR NOT MODERN DUE PROCESS THEORIES PROVIDE A SOUND BASIS FOR CONCLUDING THAT A JUVENILE IS ENTITLED TO FULL PROCEDURAL PROTECTIONS INCLUDING A HEARING AND ASSISTANCE OF COUNSEL AS PART OF THE WAIVER PROCESS IS EXAMINED. A NEW CONCEPTUAL APPROACH TO THE QUESTION OF WHETHER PROCEDURAL SAFEGUARDS MUST BE AFFORDED IN THE WAIVER OF JURISDICTION PROCEEDINGS IS SUGGESTED.