NCJ Number
95427
Journal
Wisconsin Law Review Volume: 1979 Issue: 1 Dated: (1979) Pages: 190-216
Date Published
1979
Length
27 pages
Annotation
Although Wisconsin's 1978 juvenile waiver statute provides valuable procedural improvements, it creates some problems regarding substantive standards.
Abstract
The new statute provides for procedural due process by incorporating the right to 3-days notice, the use of a prosecutive merit determination before proceeding to the waiver question, the right of the juvenile to introduce any relevant evidence, and the establishment of a defined standard for burden of proof. It also requires that the waiver decision be based on mandated criteria. Further, the juvenile court must make a detailed statement of its findings. By adopting these procedural safeguards, the law appears to be a model statute. However, it contains several substantive problems despite its improvement on the previous law. It specifies substantive criteria to guide the waiver decision but continues to use confusing language regarding the best interest of the child or the public. It does not clearly address the disposition of juveniles who are mentally ill or developmentally disabled. It does not specify the importance to the decision of the prospects for rehabilitation and treatment. Additional problem areas and case decisions are discussed. Footnotes containing references are supplied.