Three cases Juvenile courts hear are “those who are neglected, dependent or abused because those charged with their custody and control mistreat them or fail to provide proper care; those who are incorrigible, ungovernable or status offenders; and those who violate laws, ordinances and codes classified as penal or criminal” (Hess, Pg 301). First, children who are neglected, dependent, and abused do not have a stable environment to live. Their parents or guardians do not provide proper care that is emotional, psychological, and nurturing. Thus their age development does not fully develop, because their growth is stop due to factors …show more content…
Adults courts are aiming to prosecuted adults for crimes, in juvenile court they are aiming to deal with delinquents’ acts. Unless the juvenile has committed a serious crime, they will be transfer to adult court. Another difference in the adult courts, the aim is to punish, while in juvenile courts their goal would be to rehabilitate and to focus on the minor's well-being or best interest. Furthermore, the adult courts are more formal then the juvenile courts. For example, evidence may need to be more accurate in the adult court, while in the juvenile court since the crimes aren’t as serious, may not need to be proven beyond a reasonable doubt. Lastly, the juvenile court focuses on more alternative services such as parole, probation, and diversionary …show more content…
Please list and describe the different types of transfer provisions that exist to transfer juveniles to adult court.
“Juveniles may be transferred to criminal via three basic mechanisms: judicial waiver, prosecutorial discretion and statutory exclusion” (Hess, Pg 315). Additionally, discretionary judicial waiver, presumptive waiver, and mandatory judicial waiver are key information as well.
1. Judicial Waiver: “Judicial waiver is a transfer mechanism whereby the juvenile court judge is allowed the discretion to make an individual determination about whether a juvenile who meets statutory criteria should be tried in juvenile court or, instead be waiver to criminal court” (Hess, Pg 315).
2. Discretionary judicial waiver: A juvenile court judge makes the decision to move cases or to be transfer to the criminal court. The judge based this off individualized, offender-based snorting choice or decision that he has put thought into it.
3. Presumptive waiver: This waiver or decision comes down to the juvenile court judge, who struggles with the burden of trying to keeps these certain cases in juvenile courts instead of adult court. The judge most provide persuasive evidence or youthful respondent will be transfer to adult