Taylor2 ppt ch10
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Transcript of Taylor2 ppt ch10
Chapter 10
Juveniles In The Criminal Justice
System
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
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
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
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
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
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.
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
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.
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
Minimum Age A Juvenile May Be Waived To Adult Court
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
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.
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
Age At Which Juvenile Court Relinquishes Jurisdiction
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
Types of Waiver
Judicial waiver Mandatory judicial waiver Legislative waiver Statutory exclusion Prosecutorial waiver
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
Types of Blended Sentencing
Juvenile-exclusive blend Juvenile-inclusive blend Juvenile-contiguous blend Criminal-exclusive blend Criminal-inclusive blend
Copyright © 2007 by The McGraw-Hill Companies, Inc. All Rights Reserved.
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.