NCJ Number
210751
Journal
Criminal Justice Studies: A Critical Journal of Crime, Law and Society Volume: 18 Issue: 2 Dated: June 2005 Pages: 147-172
Date Published
June 2005
Length
26 pages
Annotation
This study presents legal practitioners’ views on transferring juveniles to adult courts in Wisconsin.
Abstract
During the 1980s and 1990s, following a wave of increased juvenile crime and ensuing public panic, many States moved to modify their waiver laws to make it easier to transfer juvenile offenders to adult criminal courts. The author contends that despite the flurry of activity around waiver laws, waiver decisions are poorly understood. Thus, in an effort to shed light on the complex waiver process, this paper presents the views of 128 of Wisconsin’s judges, prosecutors, and public defenders from all 72 counties, who were asked to participate via mailed questionnaire. Questionnaires focused on three key themes: (1) the characteristics of juvenile justice practitioners in the State; (2) the efficacy and consequences of transferring juveniles to adult criminal courts; and (3) the future of waiver laws in Wisconsin. Results are discussed by type of practitioner. Overall, the findings suggest that both the benefits and consequences of transferring juvenile offenders to adult courts are substantial and it appears that there will be no change in the way waivers are handled in Wisconsin in the near future. Some participants commented that costs played a part in the decision to waive juveniles to adult court; the costs to rehabilitate youth are higher than to house adult offenders. In closing, the author contends that mechanisms for maintaining the integrity of the legal decisionmaking process need to be developed and implemented. Notes, references