What is your opinion of the waiver process? Is this process necessary to ensure the safety of the community? Why?
The waiver process offers the criminal court an opportunity to be in charge of the juvenile criminals. Based on the idea that the function of the justice system is to reform individuals and administer fairness to victims of various crimes, the waiver process is unjustified and unnecessary. It only manages to result in additional problems since the juveniles may end up experiencing all sorts of torment after they are incarcerated in adult prisons. It is also possible for them to be hardened to an extent of becoming worse criminals thus posing a greater danger to the community.
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What assumptions about the offender does the waiver process make?
The waiver process makes a number of assumptions regarding the offender. One involves the idea that previous rehabilitation efforts have proved to be unsuccessful. Secondly, it is also assumed that the youth services are mandated to work with such an offender for a long duration. Also, the idea that the juvenile is charged with a serious offense and that they have a long record of criminal activity are additional assumptions made ( Michon, 2006 ). Further still, the judge may move to factor the background and court records relating to the accused individual ( Michon, 2006 ). Besides, the idea of getting treatment within the Juvenile system is also considered ( Michon, 2006 ).
What are some of the problems or issues associated with waiving juveniles to adult courts?
There is likely to be a number of problems resulting from the juvenile waiver. One such challenge pertains to the victimization of the young offenders; both sexually, psychologically and physically by older inmates ( Mulvey & Schubert, 2012 ). In addition to this, the juveniles who are sent to adult prisons do not get better. Instead, they end up being worse than they were before, and hence reform efforts end up being futile. The growth of the offenders can also be disrupted. This occurs mostly on individuals who are moving into adolescence. The most extreme occurrence is death which is likely to occur almost within a duration of a week upon the juvenile`s conviction.
References
Michon, K. (2006). When Juveniles are tried in Adult Criminal Court . Nolo. Retrieved from: https://www.nolo.com/legal-encyclopedia/juveniles-youth-adult-criminal-court-32226.html
Mulvey, E., & Schubert, C. (2012). Transfer of Juveniles to Adult Court. Juvenile Justice Bulletin : Effects of a Broad Policy in One Court. Retrieved from: https://www.ojjdp.gov/pubs/232932.pdf .
