Why might a juvenile be waived to adult court? How does the waiver to adult court process work? What other types of judicial waivers exist? What kinds of reports might you encounter while working in a juvenile court? Who are the key players in a juvenile court? What are their roles? If you were to apply for a position in the juvenile court process, which job title or role would suit you the best? Why?
Waiving juvenile to adult court
Full Answer Section
How does the waiver to adult court process work?
The waiver to adult court process varies from state to state. In general, the process involves the following steps:
- The juvenile is arrested and charged with a crime.
- The juvenile is interviewed by a probation officer.
- The probation officer prepares a report that is submitted to the judge.
- The judge holds a hearing to determine whether the juvenile should be waived to adult court.
- If the judge decides to waive the juvenile to adult court, the juvenile will be transferred to the adult criminal justice system.
- Concurrent jurisdiction: This type of waiver allows the juvenile to be tried in both juvenile and adult court. If the juvenile is found guilty in both courts, they will serve their sentence in the adult prison system.
- Deferred prosecution: This type of waiver allows the juvenile to be placed on probation and avoid being tried in either juvenile or adult court. If the juvenile successfully completes their probation, the charges will be dropped.
- Transfer to juvenile detention: This type of waiver allows the juvenile to be transferred to a juvenile detention facility, even if they are not being tried in juvenile court. This is typically done for juveniles who are considered to be a danger to themselves or others.
- Probation reports: These reports are prepared by probation officers and provide information about the juvenile's background, their offense, and their risk of re-offending.
- Mental health evaluations: These evaluations are conducted by mental health professionals and provide information about the juvenile's mental health status and their risk of violence.
- School reports: These reports are prepared by school officials and provide information about the juvenile's academic performance and their behavior in school.
- The judge: The judge is responsible for presiding over the court and making decisions about the juveniles who appear before them.
- The prosecutor: The prosecutor is responsible for representing the state and proving the juvenile's guilt.
- The defense attorney: The defense attorney is responsible for representing the juvenile and protecting their rights.
- The probation officer: The probation officer is responsible for investigating the juvenile and preparing a report for the judge.
- The social worker: The social worker is responsible for providing information about the juvenile's background and their needs.
Sample Answer
There are a number of reasons why a juvenile might be waived to adult court. These reasons include:
- The severity of the offense. If the juvenile has committed a serious offense, such as murder or rape, they may be waived to adult court.
- The juvenile's age. In some states, juveniles who are 16 or older can be waived to adult court, regardless of the severity of the offense.
- The juvenile's criminal history. If the juvenile has a history of committing crimes, they may be more likely to be waived to adult court.
- The juvenile's amenability to treatment. If the juvenile is not considered to be amenable to treatment in the juvenile justice system, they may be waived to adult court.