Identify and discuss the three basic mechanisms for accomplishing the transfer of a juvenile to criminal court

Question

What will be an ideal response?

Answer 1

? Legislative exclusion. About three-dozen states and the District of Columbia exclude certain categories of juveniles from juvenile court jurisdiction. Some states exclude only the most serious offenses against persons; in Illinois, for example, juveniles 15 years of age or older charged with murder, aggravated criminal sexual assault, or armed robbery with a firearm are automatically tried under criminal proceedings. A number of states have enacted “once an adult, always an adult” provisions, requiring that once a juvenile has been prosecuted in criminal court, all subsequent cases involving the juvenile will be in criminal court. To mitigate automatic transfer statutes, most states have reverse waiver provisions, whereby prosecutors in criminal court can move to have a juvenile case sent back to juvenile court.
? Judicial waiver. Virtually every state and the federal system permit juvenile court judges to “waive” (transfer) their jurisdiction over certain juvenile offenders. This discretion is limited by statutory criteria with regard to such factors as age, type of offense, prior record, amenability to treatment, and dangerousness. About a dozen states have presumptive waiver provisions according to which certain juvenile offenders must be waived to criminal court unless they can prove they are amenable to rehabilitation, shifting the burden from the prosecutor to the juvenile.
? Prosecutorial discretion. About 15 states empower prosecutors to charge juveniles in either juvenile or adult courts. This discretionary power may be limited by statutory criteria with regard to age and type of offense.