Question

list and explain the three typical procedures for transferring a juvenile to criminal court

Answer 1

Three mechanisms used to transfer juvenile offenders to adult court are judicial waiver, statutory exclusion and direct file. The most popular method is judicial waiver; 47 states and the District of Columbia provide the judicial discretion to waive certain juveniles from criminal court. Thirty-seven states and the District of Columbia have one or more statutory rules on exclusion, and 10 states and the District of Columbia have provisions on direct files.

Judicial Waiver- System most commonly available for sending juveniles to criminal court (i.e., most states use). Juvenile judicial judges may agree to suspend their authority over a particular case and move it to the adult court instead. This is also called discretionary privilege.

Legislative Exclusion.- The most widely used shift form (i.e., affects the most youth). State legislators pass a law requiring all minors charged with certain offences to be held in criminal court even if they are below the level of jurisdiction in criminal court. It is sometimes called "the automated transfer."

Prosecutor Discretion- The second most frequently employed method of sending young people to adult court. State law gives prosecutors the power to decide whether to send certain young offenders to juvenile court or criminal court. Also known as "concurrent jurisdiction" because some cases (those involving serious offenses committed by young people at least 14 years of age, age 15, etc.) begin under the jurisdiction of both courts, adults and juveniles.