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Once
a juvenile is transferred to criminal court, can he/she be
tried in juvenile court for any subsequent law violation?
At
the end of the 2001 legislative session, 26 states had "reverse
waiver" provisions, whereby juveniles waived/transferred/certified
to criminal court could be sent back to juvenile court under
certain conditions.
Szymanski,
L. Reverse Waiver (2001 Update). NCJJ Snapshot 7(8).
Pittsburgh, PA: National Center for Juvenile Justice, 2002.
How
many juveniles are tried as adults in criminal court in the
U.S. each year?
An
estimated 7,500 cases were judicially waived to criminal court
in 1999. However, no national data exist on the number of
juvenile cases tried in criminal court under concurrent jurisdiction
or statutory exclusion provisions.
Adapted
from Puzzanchera, C., Stahl, A., Finnegan, T., Tierney, N.,
and Snyder H. Juvenile
Court Statistics 1999. Washington, DC: Office of Juvenile
Justice and Delinquency Prevention, 2003.
Have
there been increases in the number of cases judicially waived
to criminal court?
The
number of delinquency cases judicially waived to criminal
court grew 45% between 1990 and 1994 and then declined 38%
through 1999. However, trends varied across offense categories.
Adapted
from Puzzanchera, C., Stahl, A., Finnegan, T., Tierney, N.,
and Snyder H. Juvenile
Court Statistics 1999. Washington, DC: Office of Juvenile
Justice and Delinquency Prevention, 2003.
As
of the end of the 2001 legislative session, how many states
had statutory exclusion procedures?
As of the end of the 2001 legislative session, 29 states had
statutory exclusion statutes: Alabama, Alaska, Arizona, California,
Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa,
Louisiana, Maryland, Massachusetts, Minnesota, Mississippi,
Montana, Nevada, New Mexico, New York, Oklahoma, Oregon, Pennsylvania,
South Carolina, South Dakota, Utah, Vermont, Washington, and
Wisconsin. What is the statutory exclusion procedure? Under
this procedure, the legislature has made the decision to limit
the jurisdiction of the juvenile court over offenders meeting
certain age/offense/past record criteria. These excluded offenders
are automatically tried as adults in criminal court once the
prosecutor files charges alleging that an excluded offense
was committed.
Szymanski,
L. Statutory Exclusion, Offense Exclusion, Legislative Waiver,
Statutory Waiver (2001 Update). NCJJ Snapshot 7(5).
Pittsburgh, PA: National Center for Juvenile Justice, 2002.
How
have state laws governing criminal prosecution of juveniles
changed in recent years?
A
total of 31 states, Alaska, Arizona, Arkansas, California,
Delaware, District of Columbia, Florida, Georgia, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
Montana, Nevada, New Hampshire, New Jersey, New York, North
Carolina, Ohio, Oklahoma, Oregon, Texas, Utah, Vermont, Washington,
West Virginia, and Wyoming made substantive changes to their
laws governing the criminal prosecution and sentencing of
juveniles during the five-year period from 1998 to 2002. In
general, the changes tended to expand the reach of these laws.
But legislative activity was less frequent and less dramatic
during the 1998-2002 period (especially during the latter
years of the period) than in the years 1992 through 1997,
when nearly all states took significant steps to toughen up
their laws in this area, and many rewrote them completely.
Eighteen
states, Alaska, California, Florida, Georgia, Illinois, Kansas,
Maine, Maryland, Montana, Nevada, New Hampshire, New Jersey,
New York, North Carolina, Oklahoma, Oregon, Vermont, and West
Virginia expanded their transfer laws in some way from 1998
through 2002. By far the most comprehensive movement in this
direction took place in California, where Proposition 21,
approved by voters in March of 2000, not only added a number
of broad new categories of juveniles eligible for prosecution
in criminal courts, but also established entirely new direct
file and exclusion mechanisms for initiating such prosecutions.
Griffin,
Patrick. 2003. "National Overviews." State
Juvenile Justice State Profiles. Pittsburgh, PA: NCJJ.
Online
As
of the end of the 2001 legislative session, how many states
has "once an adult/always an adult" provisions?
As
of the end of the 2001 legislative session, the following
32 jurisdictions had "once an adult/always an adult" provisions:
Alabama, Arizona, California, Delaware, District of Columbia,
Florida, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Michigan,
Minnesota, Mississippi, Missouri, Nevada, New Hampshire, North
Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia,
Washington, and Wisconsin. What is the "once an adult/always
an adult" procedure? Under "once an adult/always an adult"
provisions, if a juvenile originated in or was transferred
to criminal court he or she is forever after excluded from
juvenile court jurisdiction. In most states, a felony conviction
in criminal court is required.
Szymanski,
L. "Once an Adult/Always an Adult" (2001 Update). NCJJ
Snapshot 7(7). Pittsburgh, PA: National Center for Juvenile
Justice, 2002.
As
of the end of the 2001 legislative session, how many states
had "reverse waiver" provisions?
As
of the end of the 2001 legislative session, 26 states had
"reverse waiver" provisions which can potentially mitigate
the effect of statutory exclusion, concurrent jurisdiction
or mandatory waiver provisions: Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Georgia, Iowa, Kentucky,
Louisiana, Maryland, Mississippi, Montana, Nebraska, Nevada,
New York, Oklahoma, Oregon, Pennsylvania, South Carolina,
South Dakota, Tennessee, Vermont, Virginia, Wisconsin, and
Wyoming. What is the "reverse waiver" procedure? Reverse waiver
is a procedure that allows a juvenile transferred to criminal
court the right to contest or challenge the transfer decision
on the basis of his or her unfitness for the criminal justice
system. According to this procedure, the juvenile bears the
burden of proof to establish that is would be in the best
interests of the public or the juvenile to try the case in
juvenile court.
Szymanski,
L. Reverse Waiver (2001 Update). NCJJ Snapshot 7(8).
Pittsburgh, PA: National Center for Juvenile Justice, 2002.
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