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Waiver and Juvenile Justice Reform: Widening the Punitive Net

NCJ Number
173333
Journal
Criminal Justice Policy Review Volume: 8 Issue: 2-3 Dated: 1997 Pages: 145-168
Author(s)
A V Merlo; P J Benekos; W J Cook
Date Published
1997
Length
24 pages
Annotation
This paper examines recent juvenile waiver statutes, the procedures stipulated, and their implications.
Abstract
The decision to have a juvenile tried as an adult is made in one of three ways: a judicial waiver process, a prosecutorial decision, or through a specific statute that excludes certain youth from the juvenile court. The procedure used by each State varies, and in a particular State it is possible that all three of these or some combination can be authorized. A review of wavier provisions shows several trends. First, the number of cases waived to criminal court through judicial waiver is increasing. Second, although the chances of a juvenile case being waived to criminal court are highest for juveniles alleged to have committed person and drug offenses, property offenders comprise the largest proportion of cases transferred to adult courts. Third, the racial composition of cases that are transferred to adult court is disproportionately minority, and this demographic trend is increasing. The authors argue that relying on "get tough" rhetoric and increasing the number of juveniles transferred to adult court will not deter juvenile crime. Reducing juvenile crime involves a long-term commitment to improve inner-city poor neighborhoods, provide adequate health care, improve the housing and living conditions of America's poor children, prevent child abuse, strengthen families, and reduce the number of unemployed youth. It will involve a comprehensive community strategy that will require the involvement of families, schools, neighborhoods, concerned citizens, the government, and the juvenile justice system. a 50-item bibliography