What is the Waiver Process in Juvenile Delinquency?

The majority of the states (46 out of 50) support waivering jurisdiction from juvenile into adult criminal court. The process purports to protect society from repeat offenders beyond redemption. 1974s Juvenile Justice and Delinquency Prevention Act marked a societal change. Instead of working for effective correction, society used the waiver process as a common tool exposing thousands of youth to the adult penal system. Birth of the Juvenile Justice System The juvenile court system was created in 1889 by the Illinois legislature. The system was charged to act in the best interest of the child. The majority of the states created a legal system which sought to protect juveniles and keep them separated from adult felons. Between 1925 and 1975, jurisdictional waivers were used an exception instead of the rule. Those waivers transferred a youth offender into the adult court system. They could only be requested and assigned by a Juvenile Court Judge. Waiver Process Kent v. United States (383 U.S. 541, 566-67 (1966)) is the defining ruling for the change in the waiver process. Three criteria must be met before a waiver hearing: a minimum age, exceeding an offense level and a history of prior delinquency. Most states still use this for a framework although 17 states have waiver hearings for any offense. The criteria for requesting a juvenile waiver is broad. Waivers vary from State to State Waivers can now be requested by the prosecution. They need to prove that the waiver would benefit either the youth or the community. In Kansas, for example, they only need to find good cause for a waiver request. Several states allow for any party to request a jurisdictional waiver. A Sentenced Youth in the Adult Penal System One a waiver is granted, seven states allow the adult court jurisdiction over not only the offense which inspired the waiver but lesser offenses as well. Once waivered into the adult penal system, convicted youth find themselves incarcerated with adults. The youth are beaten, raped and abused. Some commit suicide and others are mentored by professional felons. However in rare cases a juvenile will be found guilty as an adult but returned to the Department of Juvenile Justice. The youth would commute his service within those facilities. Those youths fared better upon release then their brethren who served their time with adults. References Campaign for Youth Justice; Waiving Hope: An Analysis of the Juvenile Waiver Process in New Jersey; Princeton University; July 2008 http://www.campaignforyouthjustice.org/documents/NJ_JuvenileWaiver.pdf Florida Department of Juvenile Justice; Juvenile Justice Process; May 2009 http://www.djj.state.fl.us/Parents/juvenileprocess.html Office of Juvenile Justice; Trying Juveniles As Adults in Criminal Court: An Analysis of State Transfer Provisions; December 1998 http://www.ojjdp.gov/pubs/tryingjuvasadult/transfer.html