¶ … Juveniles in Court as Adults
Summary of Policy
Many states in the U.S. allowed the prosecution of juveniles in adult courts, in transfer laws, in an expansion program that ran through the 80s and 90s (Griffin, Addie, Adams & Firestine, 2011). Transfer laws for juveniles outline the direction for trying underage defendants as adults in criminal cases. Earlier on, the criminal justice system sought to separate adults from underage offenders. However, the laws were reviewed to allow such youthful suspects to be transferred and be tried in adult courts. The law review was triggered by the notable serious escalation of violent crime by youthful offenders (Burgess-Proctor, Holtrop & Villarruel, 2008). Many attempts were made between 1979 and 2003 to modify the transfer laws in many states. Some of the efforts were geared towards eliminating the minimum age for trial in a criminal court. There were attempts to also expand the offenses that would be included in such criminal prosecution. These efforts were varied. They either combined the mentioned intentions or focused on either.
The fundamental legal grounds facilitate the transfer of juvenile criminal offenses to adult criminal courts. The Judicial Waiver allows the judge of the juvenile court to determine whether to order such transfer at a waiver hearing of the juvenile case. Another ground is referred to as the prosecutorial transfer. In this case, the prosecuting attorney exercises discretion to file such a case in an adult criminal court in cases that fulfill certain criteria for offenders. Lastly, there is a law called the statutory exclusion. The law deters certain offenses from being tried in juvenile courts. Therefore, anyone charged with such crimes will be prosecuted in adult criminal courts (Burgess-Proctor et al., 2008).
The spirit of the...
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