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NCJ Number: 156949 Add to Shopping cart Find in a Library
Title: Juvenile Waiver in the United States 1979-1995: A Comparison and Analysis of State Waiver Statutes
Journal: Juvenile and Family Court Journal  Volume:46  Issue:3  Dated:(Summer 1995)  Pages:17-35
Author(s): E Fritsch; C Hemmens
Date Published: 1995
Page Count: 19
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article examines the impact of a tougher approach to criminal sanctions on the process of transferring a serious juvenile offender to adult court through the waiver of juvenile court jurisdiction.
Abstract: The recent increase in the use of juvenile waiver can be seen as a response to criticism of the rehabilitative ideal and an attempt to answer retribution and deterrence advocates who claim that the juvenile justice system fails to punish offenders adequately. There are several types of waiver, including prosecutorial waiver, based on concurrent jurisdiction between adult and juvenile courts for some offenses; judicial waiver, which is the most commonly used method; and legislative or automatic waiver, which places some juvenile offenders in the adult criminal justice system at the time of arrest. This analysis of changes in judicial and legislative waiver statutes between 1979 and 1995 focuses on whether State statutes reflect the public shift from support for rehabilitation to an emphasis on tougher sanctions during this period. The results indicate that an increase in the number of offenses excluded from juvenile court jurisdiction and a lowering of the age when criminal culpability attaches are indicative of a move by State legislatures toward more punitive social control measures for serious juvenile offenders. 2 tables and 105 notes
Main Term(s): Juveniles
Index Term(s): Juvenile court waiver; Public Opinion of Corrections; State laws; State-by-state analyses
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