Chapter 10

Juveniles In The Criminal Justice

System

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Chapter Outline

I. Changing Beliefs About the Purpose of Juvenile Justice

II. Waiver to Adult CourtA. Purpose of Waiver to Adult courtB. Types of Waiver to Adult courtC. Trends in the Use of Waiver to

Adult CourtD. Effectiveness of Waiver to

Adult CourtE. Public Attitudes Toward Waiver

to Adult court

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Chapter Outline Continued

III. Blended SentencingA. Types of Blended Sentencing

IV. Juveniles in Adult PrisonsV. Death Penalty for Juvenile Offenders

A. Prevalence and Use Prior to RoperB. United States Supreme court Cases Prior to

RoperC. Roper v. Simmons (2005): The Death Penalty

for Juveniles is Ruled Unconstitutional

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Waiver To Adult Court

The process through which a juvenile court relinquishes jurisdiction over a juvenile offender and the case is processed in adult court.

Also called certification, transfer, remand, and binding over.

Use is relatively rare. Less than 1% of juvenile

cases are waived to adult court.

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Purposes Of Waiver To Adult Court

Juveniles are waived to adult court for prosecution for three basic reasons:

1. To remove juvenile offenders charged with heinous violent offenses that generate media and community pressure.

2. To remove chronic offenders who have exhausted the resources and the patience of juvenile court.

3. To impose sentences than are available in juvenile court.

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Minimum Age A Juvenile May Be Waived To Adult Court

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Jonesboro, Arkansas School Shooting

Mitchell Johnson, age 13 and Andrew Golden, age 11.

Killed 4 students and 1 teacher with a .44 caliber rifle and a 30.06 hunting rifle.

August 2005 Mitchell Johnson turned 21 and was released from custody after serving 7 years for the murders.

Andrew Golden is scheduled to be released when he turns 21 in 2007.

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Age At Which Juvenile Court Relinquishes Jurisdiction

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Types of Waiver

Judicial waiver Mandatory judicial waiver Legislative waiver Statutory exclusion Prosecutorial waiver

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Types of Blended Sentencing

Juvenile-exclusive blend Juvenile-inclusive blend Juvenile-contiguous blend Criminal-exclusive blend Criminal-inclusive blend

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Roper v. Simmons Christopher Simmons committed murder

at age 17. Convicted and sentenced to death. Supreme Court relied upon Atkins v.

Virginia which had previously held that the execution of mentally retarded persons was cruel and unusual punishment.

March 1, 2005 the Supreme Court held that the execution of a juvenile is cruel and unusual punishment and in violation of the Eighth Amendment.