Juvenile waiver is the transfer of adolescents from the juvenile justice system to the adult court. I am choosing to research adolescents who commit crimes because of their vulnerability and possible need for rehabilitation. There is a lot of debate among scholars about the necessity of juvenile waivers. In my research I found two main camps, those who support waivers due to an increase of young violent offenders and those who are against juvenile waivers because of the inconsistencies of the system.
In one view scholars believe juvenile waiver is an issue because it does not prevent criminal activity. It weakens the juvenile justice system; especially, when there is not necessity because of lack of fluctuation in juvenile criminal activity. There is not enough research showing that juvenile waivers reduce recidivism, and therefore the process should not be in place (Wu 18; Steiner 6). Other scholars stand against juvenile waiver because of the lack of consistencies in the crimes, sentences, and reasoning for the waiver (Fagan 347; Freitas 329; Anders 227).
Many inconsistencies exist within waivers, and therefore many scholars oppose waivers. Inconsistencies within the waiver process was exemplified by Anders, “Two children, both fifteen years old, are charged with a crime. One child is tried as a juvenile and receives a five-year-sentence in a juvenile facility that has extensive rehabilitation programs. The other child, tried as an adult on the same charge, is sentenced to serve fifteen years in prison and forever branded with the stigma of being a convicted felon.” (p. 227). Does juvenile waiver truly prevent crime? To prevent crime society would have to change: including and not limited to the health system, regions, and lack of adolescent jobs (Merlo 11).
Views for juvenile waiver point out the impact of violent crime and youth that cannot be rehabilitated. One interpretation is that violent juveniles may overflow juvenile institutions causing havoc and hurting the rehabilitation process for adolescents who committed simple crimes (Clement 216). Waiver would be acceptable with adolescents that have high recidivism rates because all options and resources have been exhausted (Barnes 134).
In framing this debate on whether juvenile waiver to adult court is positive we lose incite that every case is different. Yet, in this debate what is lost is whether or not it is ethical to waive juveniles to adult court. Many scholars forget to mention the conditions prisons create for juveniles. There is no real protection from victimization, rehabilitation, and learning how to commit new and more precise crimes. What these scholars lacked in their arguments are whether or not these circumstances affect juveniles to have a lower or higher recidivism rate, and whether or not it deters other youth from committing adult crimes.
In my research, I need to find more information on the effects of the waiver process. In order to determine if juvenile waiver is ethical, I need to understand if it useful in society. I would also like to find more stories about children that went through adult court and children that went through the juvenile justice programs. I would like to merge all my research together to determine if the majority of recidivism happens using waivers, not using waivers, or if there is no difference.
REFERENCES
Anders, J. L. (2005). Bad Children or a Bad System: Problems in Federal Interpretation of a Delinquent's Prior Record in Determining the Appropriateness of a Discretionary Judicial Waiver. [Electronic version]. Villanova Law Review, 50, 227-238.
Barnes, C. W., & Franz, . S. (1989). 'Questionably adult: Determinants and effects of the juvenile waiver decision'. [Editorial]. [Electronic version]. Justice Quarterly, 6, 117-135.
Clement, M. J. (1997). A Five-Year Study of Juvenile Waiver and Adult Sentences: Implications for Policy. [Electronic version]. Criminal Justice Policy Review , 8, 201-219.
Fagan, J., & Deschenes, E. P. (1990). Determinants of Judicial Waiver Decisions for Violent Juvenile Offenders. [Electronic version]. The Journal of Criminal Law & Criminology, 81, 314-347.
Freitas, S. (1995). Extending the Privilege against Self-Incrimination to the Juvenile Waiver Hearing. [Editorial]. [Electronic version]. The University of Chicago Law Review, 62, 301-329.
Merlo, A. V., PH.D., Benekos, P. J., PH.D., & Cook, W. J., PH.D. (2009). ‘GETTING TOUGH’ WITH YOUTH Legislative waiver as crime control. [Electronic version]. Juvenile and Family Court Journal, 48, 1-15.
Steiner, B., MA, & Hemmens, C. J., PH.D. (2009). Juvenile Waiver 2003: Where Are We Now? [Electronic version]. Juvenile and Family Court Journal, 54, 1-24.
Wu, B., PH.D. (2009). Determinants of Public Opinion Toward Juvenile Waiver Decisions. [Electronic version]. Juvenile and Family Court Journal, 51, 9-20.
IMAGE REFERENCE
Hand cuffs and Kids. (2005). Retrieved September 14, 2010 from flightpundit: http://flightpundit.com/archives/2005/04/26/hand-cuffs-and-kids/.
