Juvenile waiver in regard to murder crimes is the only available waiver for the infantile. It spells out that the juveniles to be transferred to the adult courts and in this regard they will not enjoy the protection that is available for children. To a greater extent I agree with the legislative law because murder is a criminal offense that no damages can be sufficient to compensate the afflicted. The waiver law is in order because it helps in controlling similar crime from being a pattern where the juveniles commit the offense with the idea of children protection in their minds. I agree with the legislative waiver because murder is serious crimes that need to contain though all possible alternatives and among them is the waiver which will be a lesson to the other juveniles who might engage in violence with an intention to kill.
Additionally, I agree with the statute because homicides among other killings have become common among the juveniles and waivers will help in changing the trend. It is important to note that the minimum federal age requirement for a waiver is 16 years while in some states it is 13. Research indicates that some states are advocating for the lowering of the minimum age because there are more case of younger children engaging in murder crimes and they should not be protected. The lives of others matter and the people who wish take them away need to be treated as criminals just like adults who have committed similar offense. Similarly, I concur with the legislative waiver because murder is an issue that both the young and old know that it is gruesome and life can never be replaced and when they are engaging in it regardless of their anger they need to be reprimanded accordingly.
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On the other hand the waiver should have exceptions because there are certain killings that are considered murder yet they are not intentional. In this regard the court should first prove beyond reasonable doubt that the killings was murder and intentional. To a smaller extent I disagree with the waiver because when children are transferred to adult courts they are prosecuted and even sentenced in grown up correctional facilities. When children are put in adult correctional facilities they are likely to learn more worst criminal behaviors or they can suffer problems like sexual molestation and bullying among others. In the adult correctional facilities the juveniles might not get access to children free and necessities making them have miserable lives and fail to reform as expected by the law. Also when the case is not murder and was not intention and innocence cannot be proved by the court then the juvenile may be frustrated for the rest of their lives because their dreams and desires will have been shuttered.
Furthermore, there are other crimes besides murder that need to have waiver such as selling or distribution of drugs on a repetitive basis for instance in cases where the juvenile is caught several times for similar crimes then they waivers should be applied in their cases. It will not only be a lesson to the others but will deter the offender from recruiting more juveniles and ruining their lives with such influence. It is important to note that waiver should be applied to on other crimes based on a case to case analysis to determine the worthiness of applying such waivers in other crimes that are not murder. The waiver should also be applied on younger juveniles because reported cases such as homicide have been done by children younger than sixteen years.
References
Shah, K. (2016). What's in an Age: Consider the Neuroscience Dimension of Juvenile Law. S. Cal. Interdisc. LJ , 26 , 167.
Michon. K. (n.d )When Juveniles Are Tried in Adult Criminal Court
https://www.nolo.com/legal-encyclopedia/juveniles-youth-adult-criminal-court-32226.html
