Preview

Discretionary Waiver Case Analysis

Good Essays
Open Document
Open Document
207 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Discretionary Waiver Case Analysis
“In order to determine which juveniles are appropriate for criminal court jurisdiction, states have established various criteria. Typically, the juveniles have to meet certain age and offense criteria” (Elroy & Ryder, 2014).

According to the Office of Juvenile Justice and Delinquency Prevention (n.d.), the standards for transferring a juvenile to adult court for trial in Tennessee is:

Discretionary Waiver: Following a hearing, a child meeting age/offense criteria may be transferred to adult criminal court if the juvenile court finds that there are reasonable grounds to believe that (1) the child committed the offense alleged, (2) the child is not committable to a mental institution, and (3) the interests of the community require that the
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Waiver Provision Case Analysis
    • 166 Words
    • 1 Page

    Waiver Provision Case Analysis

    The general rule in Washington is that a waiver provision is enforceable unless (1) it violates public policy, (2) the negligent act falls greatly below the legal standard for protection of others, or (3) it is inconspicuous. Johnson v. UBAR, LLC, 150 Wash. App. 533, 538 (Wash. App. Div. 1, 2009). A liability waiver will not be upheld if the releasing language is so inconspicuous that a reasonable person could reach different conclusions as to whether the document was innocently signed. There are six elements in deciding whether a waiver and release provision is conspicuous or inconspicuous: (1) whether the waiver is set apart or hidden within other provisions, (2) whether the heading is clear, (3) whether the waiver is set off in capital…

    • 166 Words
    • 1 Page
    Good Essays
    Read More
  • Powerful Essays

    Roper Vs Simmons Case Study
    • 2284 Words
    • 10 Pages

    Roper Vs Simmons Case Study

    It was noted that while juveniles are capable of committing truly heinous crimes, they are not fully culpable for three main reasons. The first reason discussed was that juveniles under the age of eighteen lack the maturity and responsibility that adults have attained. This shortcoming causes decisions and subsequent actions to be poorly thought out. Basically, juveniles are not responsible decision makers. This idea was supported by the fact that most states do not allow minors to vote, do jury duty, or get married without consent. The second rationale for why juveniles are less culpable than adults dealt with environment. It was suggested that juveniles lack control over their environment. They do not have the ability to remove themselves from an environment that encourages delinquency. Finally, juveniles are less culpable because they are still developing a sense of self identity. This suggests that behaviors exhibited now may not be part of their character in five or ten years, allowing for recovery. The majority then argued that the same reasoning they used in Stanford v. Kentucky applied to Roper v. Simmons, and that the eighth amendment did not allow for the execution of people under age eighteen due to lesser culpability (Counsel of Record,…

    • 2284 Words
    • 10 Pages
    Powerful Essays
    Read More
  • Better Essays

    Juvenile And Adult Courts: A Comparative Analysis
    • 1973 Words
    • 8 Pages

    Juvenile And Adult Courts: A Comparative Analysis

    Juvenile Courts were designed to allow children under the age of 18 a chance to be tried in a more reasonable court system as it is for adults. Their age is taking into consideration…

    • 1973 Words
    • 8 Pages
    Better Essays
    Read More
  • Powerful Essays

    PSY328 final proposal
    • 1936 Words
    • 6 Pages

    PSY328 final proposal

    Semple, J. & Woody, W. (2011). Juveniles tried as adults: the age of the juvenile matters.…

    • 1936 Words
    • 6 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Judge and Structure I. Courts
    • 519 Words
    • 3 Pages

    Judge and Structure I. Courts

    juvenile judicial action that waives jurisdiction over a juvenile charged with commiting a particular crime to adult court…

    • 519 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    The Role Of Automatic Transfer In Juvenile Crimes
    • 155 Words
    • 1 Page

    The Role Of Automatic Transfer In Juvenile Crimes

    When it comes to crime, there is a point that exists separating the children from the adults, so what is it? Some states hold a system called, “automatic transfer,” this is when a judge waves the protections that the law provides within the juvenile court. This is usually applicable to juveniles who have committed more serious crimes, or minors who have previously been in legal trouble. While juveniles tried in adult court exist with more constitutional freedoms, this comes at a price such as being subjected to more serious punishments along with the possibility of spending time in an adult correctional facility. But how could a child even be eligible for automatic transfer? There is a whole series of factors that go into play, but in the…

    • 155 Words
    • 1 Page
    Good Essays
    Read More
  • Satisfactory Essays

    Arguments In Juvenile Court Cases
    • 288 Words
    • 2 Pages

    Arguments In Juvenile Court Cases

    When reviewing the mechanisms that are utilized to transfer juveniles from the juvenile court to criminal court, I would look at what means would best serve the juvenile. The three most commonly used mechanisms are the juvenile wavier, prosecutorial wavier, and legislative wavier (Elrod & Ryder, 2014). Based upon my research, I would favor the judicial wavier. The results of a juvenile being transferred into adult court can have some negative consequences on a juvenile. A juvenile court usually focuses on rehabilitation of the accused juvenile; however, the adult court will focus more on punishment ("Juvenile").…

    • 288 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Statutory Exclusions
    • 356 Words
    • 2 Pages

    Statutory Exclusions

    When juvenile offenders commit heinous crimes, they can be waived to adult court. The reservation process differs among states, but the result is dangerous, in that adult sanctions, including prison, now apply. In Florida, the transfer provisions fall into three general categories: Judicial waiver, Concurrent jurisdiction, and Statutory exclusion. Florida’s Statutory exclusion states that the State's Attorney must file charges directly in the criminal division of the circuit court against any child who meets various age/offense criteria specified by statute (The Florida legislature, 2017). Florida’s statute 985.556 waivers of juvenile court jurisdiction; hearing goes over the reservation process.…

    • 356 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    What Is Juvenile Waiver Purpose
    • 181 Words
    • 1 Page

    What Is Juvenile Waiver Purpose

    Juvenile waiver purpose aims to fill many different voids and address challenges in our justice system, which can be observed even in the different ways juveniles may be waived into adult court. One of the first methods waiving juveniles to adult court is with judicial waiver offenses, in which the juvenile court judge’s personally transfer cases to adult courts in order to prevent persons who are usually repeat offender’s; from the special protections that juvenile court systems provide. This ensures that certain individuals will not have the leverage of other youthful offenders, and ideally aren’t allowed to use age protection laws to their aid any longer. Another way in which cases are transported is through statutory exclusions that are…

    • 181 Words
    • 1 Page
    Good Essays
    Read More
  • Better Essays

    Automatic Transfer In Juvenile Prisons
    • 1087 Words
    • 5 Pages

    Automatic Transfer In Juvenile Prisons

    There are several offenses that would require a child be transferred from juvenile court to becoming…

    • 1087 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Adult Prison Research Paper
    • 781 Words
    • 4 Pages

    Adult Prison Research Paper

    If a minor is not tried as an adult, his or her, case is heard by a judge, no jury and in a juvenile court. Then a judge gets to decide what is in the best interest for the child and the child's family. A lot of children that commit crimes come from screwed-up backgrounds and could use some help getting on the right track. So a juvenile judge could sentence the child to a reform school or a juvenile facility with a rehabilitation program and release as the…

    • 781 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Default In The Juvenile Justice System
    • 184 Words
    • 1 Page

    Default In The Juvenile Justice System

    Cases are allocated depending on age from the juvenile justice system to the criminal justice system. A "child" or "juvenile" meaning any person who is under the age of eighteen is placed by default in the juvenile justice system. Therefore, after defendants turn eighteen their cases fall under the criminal justice system unless convicted under the Youthful Offender act. Offender classification is the most significant phase in criminal proceedings as it can drastically change your punishment. Children as soon as the age of thirteen, may be classified under the Youthful Offender depending on the severity of the crime. Once a defendant is classified as a juvenile they are not tried in the criminal justice system. Significantly, Juveniles have…

    • 184 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    Juvenile Court Case
    • 343 Words
    • 2 Pages

    Juvenile Court Case

    Such statutes have had an incredible impact on the U.S. juvenile justice system. The original purpose of creating a separate juvenile court was to keep adolescents out of adult prisons, limit their exposure to adult criminal activity and poor role models, and also to provide guidance that helps them to turn away from further criminal behavior and be directed toward more positive results. It seemed that the individual juvenile offender cases were not getting looked at based on the individual characteristics or needs of the offender, rather whomever prosecuted the case was determining it based on the nature of the offense. Because of this, there were greater numbers of juvenile offenders having their cases in adult criminal courts, which do not…

    • 343 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    An persuasive essay by Steve Savitt about why minors should not be charged as adults
    • 1427 Words
    • 4 Pages

    An persuasive essay by Steve Savitt about why minors should not be charged as adults

    A movement has taken hold of our country to change the juvenile justice system, and erase any distinction between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws, allowing more youths to be tried as adults and scrapping long-time efforts to help rehabilitate delinquent kids and prevent future crimes. It seems to be plain and simple, a minor in this country is defined as a person under the age of eighteen. How then can we single out certain minors and call them adults? Were they considered adults before they carried out an act of violence? No. How then, did a violent act cause them to cross over a line that is defined by age? The current debate over juvenile crime is being dominated by two voices: elected officials proposing quick-fix solutions, and a media more intent on reporting violent crimes than successful prevention efforts. Minors should not be tried as adults in our society today. This is obvious through looking at propositions by our government such as Proposition 21, which is statistics on juvenile crime from specific cases where minors were sentenced in adult courts.…

    • 1427 Words
    • 4 Pages
    Powerful Essays
    Read More
  • Good Essays

    Essay On Juveniles As Adults
    • 512 Words
    • 3 Pages

    Essay On Juveniles As Adults

    Determining whether a juvenile is identified as a child or an adult is quite simple. If a juvenile is under the age of 18 then he or she is not an adult and if a juvenile has graduated from high school then he or she is identified as an adult. I believe that if a juvenile has not developed a certain level of intelligence or has not emotionally developed then they can’t be identified as an adult. In addition to that, although juveniles may have developed the sense of knowing right from wrong they may not know what’s right from wrong in the “adult world.” There have been laws passed to permitting juveniles to be transferred to adult court. The process with transferring juveniles to adult courts starts with the seriousness of the offense committed by the juvenile. If a juvenile has committed an offense such as armed robbery or murder then without a doubt there aren’t any excuses for…

    • 512 Words
    • 3 Pages
    Good Essays
    Read More

Related Topics