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Transferring Cases to Adult Courts

Transferring Cases to Adult Courts . Aaron Harris, Jamie Katz, Karl Kirby, and Spencer Wieland Mrs. Nanak 4A Law and Justice. Waivers. Legislative : Brings certain juvenile offenders into the criminal justice system at the point of arrest

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Transferring Cases to Adult Courts

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  1. Transferring Cases to Adult Courts

    Aaron Harris, Jamie Katz, Karl Kirby, and Spencer Wieland Mrs. Nanak 4A Law and Justice
  2. Waivers Legislative:Brings certain juvenile offenders into the criminal justice system at the point of arrest Prosecutorial:The prosecutor has the option of filing charges against the offender in either court Judicial: A decision by a juvenile judge to waive a juvenile to the jurisdiction of criminal court
  3. Kent vs. TheUnited States In 1960,Morris A. Kent Jr. was arrested and interrogated by police in connection to several incidents involving robbery and rape. Kent Jr.admitted to some involvement and the juvenile court waived its jurisdiction, enabling him to be tried as an adult. The Jury found him guilty and sentenced him to 30-90 years in prison. Case appealed to the supreme court to decide if the juvenile court’s waiver was valid Result5:4 in favor of Kent Requires an investigation of juvenile cases before they are passed on to adult courts.
  4. Nine Conditions of Determining Transfer Juvenile courts must consider several aspects of a case before waiving their jurisdiction including: Criminal record Severity of the crime committed Delinquent vs. status offense Age Mental condition(s) Likelihood that juvenile may be rehabilitated before age of majority Willingness to enter youth rehabilitation Success or failure of any previous youth rehabilitation efforts Family situation(s)
  5. Effectiveness of transfering cases at preventing repeat juvenile offenders Debates exists regarding how repeat juvenile offenders should be handled Statistics on juvenile crime rates vary Alternative programs such as group homes and job training programs are advocated by many.
  6. Statistics on Which Crimes Cause Juveniles to be Tried as Adults (Most Common Crimes) This depends on the severity of the crime; in some cases, particularly those involving violence, sexual crime, crime on school campus, or other factors such as gang enhancements or use of weapons, the juvenile offender will be charged as an adult and subject to adult penalties. About two million kids under the age of 18 were arrested in 2008, but 95 percent had not been accused of violent crimes (murder, rape, aggravated assault, etc.). In 2010, nearly 100,000 kids under the age of 18 served time in a juvenile residential placement facility, and 26 percent had been convicted of property crimes only (burglary, arson, theft, etc.)
  7. Age at Which a Case can Legally be Transferred (Nationwide vs. State) Over the past 20 years, States have significantly expanded legislation allowing for prosecution of juveniles in adult criminal court to permit transfer to adult court at lower ages and for more offenses. This is a direct response to reported escalations of juvenile violent crime in recent years. In different states, prosecution in criminal court can expose juveniles to the same penalties as adults; they may face a life or death sentence, incarceration in State prison, and a permanent criminal record with attendant disabilities. But nationwide, juvenile delinquency jurisdiction is to age 18 in every state. In rare instances, the most severe offenders that cannot be rehabilitated within the juvenile system are transferred for adult prosecution. However, the decision to transfer should only be made by the juvenile or family court judge.
  8. How does North Carolina specifically handle this process? Two waivers can be used Mandatory Waiver Must transfer to a superior court if there is probable cause that a minor of at least 13 committed a Class A felony punishable by death or life imprisonment Discretionary Waiver May transfer to a superior court if there is probable cause that a minor of at least 13 committed a felony
  9. Examples of Recent Cases in which Cases have been Transferred 16 year old Adrian Navarro-Canales stabbed his mother and younger brother to death Sept. 20th 2013 After an initial court appearance, it was decided that his case would be transferred and his preliminary trail would be set for Oct. 30 due to the severity of the crime It is possible that he will face life in prison
  10. Discussion Question Time! Under certain circumstances, do you think trying minors as adults is an effective way to prevent the minors from committing crimes in the future? What do you believe to be the best way to rehabilitate a juvenile offender? Do you think it is ever acceptable to apply the death penalty to minors?
  11. Works Cited Abetment, Lee, and Edward L. O'Brien. "Chapter 16: Juvenile Justice." Street Law: A Course in Practical Law. New York: Glencoe/McGraw-Hill, 2005. 187-96. Print. "Our Skilled Juvenile Criminal Attorneys Take Pride in Defending Your Child." Legal Defense Attorney. Terani Law Firm, n.d. Web. 16 Jan. 2014. <http://www.criminalattorneyusa.com/juvenile-crimes/?gclid=CPC9xNrl8bsCFUMV7AodvBYA5Q>. "Fact Sheet: Juvenile Delinquency." US Department of Health and Human Services, n.d. Web. 16 Jan. 2014. <http://aspe.hhs.gov/hsp/08/boys/factsheets/jd/report.pdf>. Gottesman, David, and Susan W. Schwarz. "Juvenile Justice in the US." NCCP.org. National Center for Children in Poverty, n.d. Web. 15 Jan. 2014. <http://www.nccp.org/publications/pub_1038.html>. Fugaro, Lynn. "Juveniles and Crime." Ezinearticles.com. Ezine Article, n.d. Web. 16 Jan. 2014. <http://ezinearticles.com/?Juveniles-and-Crime&id=825542>. "Juvenile "Waiver" (Transfer to Adult Court)." Findlaw. N.p., n.d. Web. 16 Jan. 2014. <http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html>. "Juvenile Transfer to Criminal Court." Ojdp.gov. Office of Juvenile Justice and Delinquency Prevention, n.d. Web. 16 Jan. 2014. <http://www.ojjdp.gov/pubs/reform/ch2_j.html>. "KENT v. UNITED STATES." The Oyez Project. Chicago-Kent College of Law, n.d. Web. 16 Jan. 2014. <http://www.oyez.org/cases/1960-1969/1965/1965_104>. Fox, James A., Ph.D. TRENDS IN JUVENILE VIOLENCE. Rep. Boston: College of Criminal Justice Northeastern University, 1996. Web. 16 Jan. 2014. United States. U.S. Department of Justice. Office of Justice Programs. Juvenile Justice Bulletin. By Charles Puzzanchera. Washington DC: Office of Justice Programs, 2009. Juvenile Justice Bulletin. US Department of Justice. Web. 16 Jan. 2014. <https://www.ncjrs.gov/pdffiles1/ojjdp/228479.pdf>.
  12. Citations (Continued) "North Carolina's Transfer Laws." North Carolina's Transfer Laws. Office of Juvenile Justice and Delinquency Prevention, n.d. Web. 16 Jan. 2014. <http://www.ojjdp.gov/pubs/tryingjuvasadult/states/nc.html>. Ritter, Ken. "Adrian Navarro-Canales, Teen In Butcher Knife Slaying Of Family, Due In Court." The Huffington Post. TheHuffingtonPost.com, 30 Sept. 2013. Web. 16 Jan. 2014. <http://www.huffingtonpost.com/2013/09/30/adrian-navarro-canales-sl_n_4017210.html>.
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