NCJ Number
159770
Journal
Saint Louis University Law Journal Volume: 38 Dated: (1994) Pages: 629-671
Date Published
1994
Length
43 pages
Annotation
This article explores the issue of the proper scope of the juvenile court's jurisdiction, specifically when and how that court's jurisdiction over juveniles who commit crimes should not attach, or alternatively, be relinquished.
Abstract
The debate over the appropriate scope of the juvenile court's jurisdiction has so far focused only on the two alternatives of judicial and legislative waiver. Each of these options has limitations, and each generates its own set of "system errors." This article suggests a third alternative that has not been adequately considered, that of prosecutorial waiver. the author does not argue that prosecutorial waiver is the best way to deal with the court's jurisdiction in all circumstances. If a State is content with its current system of judicial waiver, with a full recognition of the way in which a child-centered focus predominates, there is no need for change. If, however, a jurisdiction is unhappy with its current operations of the juvenile court and is considering altering its definition of the court's jurisdiction, it should consider prosecutorial waiver. Such a system of waiver is especially appropriate for a jurisdiction that currently has a system that relies on judicial waiver. Before such a jurisdiction adopts either a reduction in the age for juvenile court jurisdiction or enacts a form of legislative waiver, the benefits of granting discretion to prosecutors should be weighed. A system of prosecutorial waiver provides all the advantages of a system of legislative waiver, yet still allows for the individualization of the decision. Even in jurisdictions that currently have legislative waiver, adoption of prosecutorial waiver might be considered to minimize the number of juveniles who are inappropriately swept into the criminal court. 204 footnotes