United States (383 U.S. 541, 566-67 (1966)) that must be met before the court may consider waiver in a given case: generally
a minimum age, a specified type or level of offense, a sufficiently serious record of previous delinquency, or some combination of the three
.
What are the three types of juvenile waivers?
The three types of judicial waivers are
discretionary, presumptive, and mandatory
.
Which type of waiver gives the discretion to the judge or magistrate of the juvenile court to transfer a juvenile to the adult criminal court?
The most common type of waiver to the adult court,
the judicial waiver
gives the discretion to the judge or magistrate of the juvenile court to transfer a juvenile to the adult criminal court.
Under what circumstances if any may a juvenile be transferred or waived into the adult criminal system in Maryland?
Maryland’s Transfer Laws. The juvenile court may waive its exclusive jurisdiction over a child who meets specified age/offense criteria if it finds, after ordering an investigation and holding a hearing, that
the child is not a fit subject for juvenile rehabilitative measures
.
What is the juvenile waiver process?
A Juvenile Waiver occurs
whenever a judge decides to transfer a case from juvenile court to an adult court
. The juvenile will be tried as an adult and will be denied whatever protections may exist in juvenile proceedings. Juvenile waivers are allowed in nearly all states.
What is the Kent criteria?
1.
The seriousness of the charged offense and whether protection of the community requires prosecution in adult court
; 2. Whether the offense was committed in an aggressive, violent, premeditated or willful manner; 3. … The Kent factors are only intended to provide focus and guidance to the juvenile court.
What are the five main forms of waiver?
- Waiver to Adult Court. …
- Judicial Age Limit(NEED TO KNOW) …
- Judicial Waiver. …
- Discretionary Judicial Waiver. …
- Waiver Hearing. …
- Kent Criteria. …
- Mandatory Judicial Waiver. …
- What is the waiver to adult court?
What are the four core requirement of the Juvenile Justice and Delinquency Prevention Act?
To receive funding, states must commit to achieve and maintain compliance with the four core requirements of Juvenile Justice and Delinquency Prevention (JJDP) Act:
deinstitutionalization of status offenders, separation of juveniles from adults in secure facilities, removal of juveniles from adult jails and lockups,
…
What is a mandatory waiver?
A: Most states with judicial waiver provisions specify minimum age and offense criteria to aid the decision to transfer. … Mandatory waiver – Statutes
specify when the matter must be transferred by the juvenile court judge after verifying certain conditions are met
.
What is prosecutorial discretion used for?
Prosecutorial Discretion (PD) is
the longstanding authority of an agency charged with enforcing the law to decide where to focus its resources and whether or how to enforce
, or not to enforce, the law against an individual.
What is a waiver investigation?
During a waiver hearing,
the judge MUST assume the youth is guilty of the accused crime
. If a youth is not waived to the adult system, they remain in the juvenile system and have an ajudicatory hearing.
Who has the primary responsibility for the operation of the juvenile court in most jurisdictions?
The juvenile court judge
has the primary responsibility for the operation of the juvenile court in most jurisdictions. A facility designed for short-term, secured confinement of the juvenile prior to court disposition or execution of a court order is called a confinement center.
What is a reverse waiver?
A reverse waiver is
when a juvenile being tried in the adult criminal court requests to be transferred into the juvenile justice system
. The Encyclopedia of Juvenile Delinquency and Justice.
Which type of waivers are sometimes called concurrent jurisdiction waivers?
Also called concurrent jurisdiction,
direct file waivers
occur when the prosecutor has the option of filing the case in either juvenile court or adult court. A form of judicial waiver that is the oldest and most common type in the United States.
What were the major issues and decisions of the US Supreme Court in the case of Schall v Martin?
In Schall v. Martin,’ the Supreme Court
upheld a New York stat- ute that provided for the preventive detention ofjuveniles accused of a crime
, who present a “serious risk” that they may commit an- other crime before trial.
What is a judicial decline?
Judicial disqualification, also referred to as recusal, is
the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative
officer.
What amendment is Kent vs United States?
The right to counsel for children in juvenile transfer hearings, Kent v. United States |
Sixth Amendment
Center.
Which part of the country is most likely to believe that juveniles should be treated the same as adults for violent offenses?
People
in the south
are more likely to believe that juveniles should be treated the same as adults for violent offenses.
What are the different types of waivers in juvenile court?
- Discretionary waiver.
- Presumptive waiver.
- Mandatory waiver.
What types of juvenile offenders do you think should be diverted from the juvenile justice system?
As a rule, young people should be diverted unless they demonstrate a significant threat to public safety; for example, they have been
accused of committing a serious violent felony
or have a history of serious or chronic offending.
What is the juvenile Delinquency Prevention and Control Act?
The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) is
a United States federal law providing formula grants to states that follow a series of federal protections on the care and treatment of youth in the juvenile justice and criminal justice systems
.
What is the main purpose of the juvenile justice system?
The primary goals of the juvenile justice system, in addition to maintaining public safety, are
skill development, habilitation, rehabilitation, addressing treatment needs, and successful reintegration of youth into the community
. Learn more about the juvenile justice process.
What was the primary intent of the Juvenile Justice and Delinquency Prevention Act of 1974?
The act had two main goals: (1)
to remove juveniles from adult jails and prisons
, and (2) to end the practice of using the juvenile court system as a means of sending both criminal and noncriminal minors to prisonlike institutions for rehabilitation.
What is a juvenile Superpredator?
The superpredator theory, now often superpredator myth, is a theory in criminology that became popular the 1990s in the United States, positing that
there are some impulsive juvenile criminals who are willing to commit violent crimes without remorse
.
What is statutory exclusion waiver?
Statutory Exclusion (Automatic Waiver):
Many jurisdictions exclude certain offenses from juvenile court jurisdiction based on
the charges, the age of the youth, and/or the youth’s prior record. This means that the youth is treated as an adult from the inception of the case.
What are the three areas of prosecutorial discretion?
Prosecutors exercise the most discretion in three areas of decision making:
the decision to file charges, the decision to dismiss charges, and plea bargaining
.
What are the three types of juvenile waivers?
The three types of judicial waivers are
discretionary, presumptive, and mandatory
.
What is the outcome of a reverse waiver?
A reverse waiver occurs where a child is originally charged in adult court,
but is sent back to juvenile court for trial or disposition
.
Which of the following is considered a status offense?
A status offense is a noncriminal act that is considered a law violation only because of a youth’s status as a minor. 1 Typical status offenses include
truancy, running away from home, violating curfew, underage use of alcohol, and general ungovernability
.
What are abuses of prosecutorial discretion?
Abuses of discretion
Selective prosecution by race, income, political affiliation, etc.
Capture of the grand jury, misusing it as a tool for inquisitorial abuse
, or excluding citizen complaints from being heard. Plea bargaining abuses, such as seeking testimony in exchange for leniency.
What constitutes prosecutorial misconduct?
Prosecutorial misconduct occurs
when a prosecutor breaks a law or a code of professional ethics in the course of a prosecution
. … First and foremost, it is the prosecutor’s job to seek justice and present the judge and jury with facts and legal arguments that result in the conviction of the guilty defendant.
What conditions would the study have to meet to qualify for a waiver of consent under the common rule?
The research involves
no more than minimal risk
; The research could not practicably be carried out without the waiver or alteration.
Under what conditions can an investigator get a waiver of the requirement of informed consent?
Waiver of Documentation of Informed Consent (45 CFR 46.117)
A waiver of documentation is permissible when:
The signature on the informed consent document would be the only record linking the subject to the research and the principal risk of harm to the subject would be a breach of confidentiality
.
What is waiver consent?
What is a waiver or alteration of informed consent requirements? It is
a consent procedure in which informed consent is not obtained from subjects
; or that eliminates or alters some. (or all) of the elements of informed consent as set forth in Federal regulations (45 CFR 46.116d):
Which court decision established that when a juvenile is faced with a proceeding that could result in incarceration The standard of proof is beyond a reasonable doubt?
In re Winship, 397 U.S. 358 (1970)
The Supreme Court held that for adjudications of delinquency, the standard of proof required is the same as for criminal cases (beyond a reasonable doubt).
What is an act committed by juvenile that would not be considered a crime is committed by an adult called?
services, or law enforcement. Delinquency is any behavior prohibited by state juvenile law and includes anything from underage drinking to murder. These offenses fall into two categories: delinquent and status.
A delinquent act
is anything that would be a crime if committed by an adult.
When a juvenile commits an action that would not be considered criminal according to adult law it is considered to be?
In juvenile cases,
a “status offense”
involves conduct that would not be a crime if it were committed by an adult. In other words, the actions are considered to be a violation of the law only because of the youth’s status as a minor.
What doctrine allows the progressives to use the juvenile court to help children?
What doctrine allowed the Progressives to use the juvenile court to help children?
parens patriae
. delinquency. Juvenile court statutes set forth two standards for deciding the appropriate disposition for a child: the best interests of the child and the best interests of…
What are five ways juvenile courts differ from adult courts?
- Adult courts use trials by jury.
- Juvenile courts use trials by a judge.
- Adult courts carry the potential of much more serious penalties.
- Juvenile courts use strict penalties, but won’t include adult prison terms.
