Process Evaluation of Recent Juvenile Transfer Statutes in Virginia, Volume 1, Final Report

摘要

All States and the District of Columbia have available at least one of three principal mechanisms by which a juveniles case can be transferred to criminal court: judicial waiver, prosecutorial discretion, or statutory exclusion. Judicial waiver refers to the process by which ajuvenile court judge waives jurisdiction over a case and transfers it to criminal court. This typically occurs in response to a motion by the prosecutor, but can sometimes be initiated by juveniles or their parents. Judges must often take into account statutory criteria such as age, offense seriousness, offense history, and amenability to treatment. The criteria are usually similar to those specified in Kent v. United States. Provisions differ in determining the flexibility of the waiver decision. Some States allow for the judge to make an entirely discretionary decision. Others specify circumstances in which a waiver is mandatory. Some States provide for a presumptive waiver in which juvenile offenders must be waived to criminal court unless they can prove that they are amenable to treatment within the juvenile system. In this case, the burden of proof lies with the juvenile. With all types of judicial waiver, a case must originate in juvenile court and cannot be channeled elsewhere without a juvenile court judges formal approval (Griffin et al., 1998).