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NCJRS Abstract

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NCJ Number:	110096

Title:	Waiver Proceedings in Michigan Juvenile Courts

Journal:	Michigan Bar Journal Volume:65 Dated:(January 1986) Pages:36-45

Author(s):	E A Moore; W P Bartlam

Date Published:	1986

Page Count:	11

Type:	Legislation/Policy Analysis

Format:	Article

Language:	English

Country:	United States of America

Annotation:	This article discusses the procedure for transferring an individual case from the juvenile justice system to the adult criminal system in Michigan Courts.

Abstract:	Several factors must coincide for a Michigan Court to consider a request for waiver of jurisdiction: (1) the crime must have allegedly occurred within the county served by the juvenile court in which the waiver is sought; (2) the individual charged must have been less than 17 years old when the alleged act was committed; (3) the subject must have reached age 15; and (4) the act alleged must be a felony. The legal basis of the waiver proceedings is discussed from the historical perspective of Michigan statutes, and case law interpretations and rules. Phase 1 of the hearing seeks to establish probable cause to believe the child who has reached age 15 committed an offense which would be a felony if committed by an adult. Phase 2 considers the juvenile's prior record, character, physical and mental maturity, pattern of living, seriousness of the offense, and repetitive pattern beyond rehabilitation under existing juvenile programs and statutory procedures. It also reviews the relative suitability of programs and facilities available to juvenile and criminal courts. 95 references.

Main Term(s):	Juvenile court waiver

Index Term(s):	History of juvenile justice; Juvenile court procedures; Juvenile designated felonies; Michigan



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