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Waiver to Criminal Court

  • By: Randall T. Salekin, Christie A. Ledbetter, Nicole M. Johnson & Jessica Morgan
  • In: Encyclopedia of Psychology and Law
  • Edited by: Brian L. Cutler
  • Subject:Psychology of Law

Juvenile transfer to adult court is the process by which some youths who are viewed by juvenile court judges as inappropriate for the juvenile justice system are transferred to adult court. The decisions to transfer a youth to adult court are typically based on concerns about public safety balanced against considerations of youth development. The rationale for waiver is fourfold: (1) separate severely antisocial from amenable youths, (2) ensure public safety, (3) remove youths unlikely to be amenable within the juvenile court time frame, and (4) hold mature adolescents accountable for their conduct. There are various mechanisms for waiver, including juvenile waiver, prosecutorial filing, and automatic and reverse transfer. The standards applied in each transfer mechanism are typically based on the criteria outlined by Judge ...

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