NCJ Number
155387
Journal
Mississippi Law Journal Volume: 62 Issue: 1 Dated: (Spring 1992) Pages: 95-131
Date Published
1992
Length
37 pages
Annotation
Following a history of the juvenile court system, this paper discusses the three methods of waiving a juvenile case to criminal court and discusses the issues that need to be considered in the transfer decision.
Abstract
Despite the rebuttable presumption under common law that juveniles under age 14 were not capable of forming criminal intent, juvenile reforms spread across the United States and eventually included a method of simply waiving certain juvenile cases to criminal court. Historically, the juvenile court judge had complete discretion about this decision. However, legislatures tried to reform the process. Waiver now occurs through judicial waiver, legislative waiver, or prosecutorial waiver. Factors in the waiver decision include the difference in likely punishment in juvenile and adult court, the effect of egocentrism on a juvenile's mental processes, the possibility of class bias due to the disproportionate number of juveniles from minority groups or lower class families, and the difference between prison and juvenile training school. The possibility that the youth may receive capital punishment in criminal court should also be considered. Although waiver to criminal court may be appropriate, the establishment of an institution that combines the goals of prisons and training schools should also be considered. Footnotes