Student Discussion Post
New Jersey’s juvenile waiver laws include discretionary waiver, presumptive waiver and mandatory waiver. A discretionary waiver requires a judge’s approval which then allows a juvenile to be tried in adult criminal court after a formal hearing is held (Griffin et al., 2011, p2).
A presumptive waiver applies to cases in which the waiver to criminal court is “presumed appropriate” (Griffin et al., 2011, p4). In this type of case, the burden of proof transfers to the juvenile. If the juvenile is unable to present evidence rebutting the transfer, the court will grant a waiver from juvenile to criminal court.
Juvenile cases that are subjected to mandatory waiver initially begin in juvenile court, but only to determine whether the statutory requirements are met for a mandatory waiver. Mandatory waivers remove a certain category of cases from juvenile courts entirely. New Jersey is one of only 15 states that solely rely on hearing-based, judicial forms of juvenile transfer (Griffin et al., 2011, p4).
In the State of Oregon, the juvenile waiver laws include discretionary waiver, statutory exclusion, reverse waiver and once an adult, always an adult (Griffin, Addie, Adams and Firestone, 2011, p. 3. Discretionary waiver gives prosecutors a lot of leeway in deciding whether to charge a juvenile as an adult. This is one of the oldest ways that states have allowed prosecutors to charge juveniles as adults, and 45 states have this law currently (Griffin, et al. (2011), p 2. Oregon also has the statutory exclusion law, passed in 1994, where juveniles are automatically considered adults if they are age 15, 16, or 17 and have committed one of the classes of Ballot Measure 11 crimes. Ballot Measure 11 crimes are person crimes and have a mandatory minimum. Juveniles are usually sentenced as adults by the Oregon Youth Authority, which can keep them in juvenile custody until age 25. They are then transferred to adult corrections on their 25th birthday. These crimes stay on the juvenile’s adult records. Oregon also has a reverse waiver where juveniles can petition the court to remand back to juvenile court. Oregon also has the once an adult always an adult provision but leaves it up to the juvenile court for consideration for juveniles over the age of 16.
Response
I agree with you that New Jersey’s juvenile waiver laws are quite visible to protect the rights of juveniles. Presumptive waiver, discretionary waiver, and mandatory waiver are three main laws that are useful when dealing with the juvenile. The application of these waivers is pertinent, and I appreciate your knowledge in this regard. I also agree with you that the burden of proof is on the juvenile in the presumptive waiver, and it seems different as compared to other waivers. It seems good to have an understanding of the application of laws in different states. As mentioned, in the state of Oregon, the statutory exclusion and reverse waiver are applicable. Interestingly, according to these laws, people are considered adults at age 15, 16, and 17. It is true that punishments or penalties are different compared to other people. It looks better to deal with them through youth authority and keep them in juvenile custody until 25.
According to your elaborations, it has been observed that these laws are made to improve behavior and learn different things to emerge in society. Criminal courts are to play a constructive role in developing people. The criminal record is to be kept, as the juvenile can be referred again to the juvenile court due to illegal actions. Thus, all these explanations about the application of laws are effective. Your concern is the development of the juvenile. I like your approach to developing people through perfect executions or implementation of laws. The nature of the crime may be different in different states. However, the principles are the same to penalize people or adults. However, I think this application of the law must evolve with the time, as some new amendments or modifications can improve proceedings in complex cases.
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