Question

1. What is meant by the terms waiver, transfer, certification, remand, and bindover?

2. What is youthful offender status, and how does it differ from waiver?

3. What are the thresholds that juveniles must cross in order to be eligible for waiver?

4. What does concurrent jurisdiction mean?

Answer 1

1. What is meant by the terms waiver, transfer, certification, remand, and bindover?

Waiver involves the transfer of a juvenile from the jurisdiction of a juvenile court to the jurisdiction of an adult court for trial, thereby denying the juvenile the protection offered by the juvenile jurisdiction. The age at which a juvenile can be waived to an adult court differs across states. This process can also be called transfer, certification, remand, or bindover.

2. What is youthful offender status, and how does it differ from waiver?

In some jurisdictions, when a young person commits a crime, he or she can be granted a special legal status that entitles him or her to receive a more lenient sentence or a special consideration with regard to confidentiality or rehabilitation. The age range to determine who is a “young person” is statutorily specified. It is different from waiver in that the youthful offender status frees a young person from the consequences of having a criminal record. The waiver simply transfers the case to an adult court for trial, with the case still in the person’s record.

3. What are the thresholds that juveniles must cross in order to be eligible for waiver?

In most states, juvenile offenders must be at least 16 years to be eligible for waiver to adult court. In many states, minors aged 13 years can also be considered for waiver. A court may grant a waiver and transfer a case from a juvenile court to an adult court when:

• the minor has become older.
• the rehabilitation efforts for the juvenile have been ineffective in the past.
• the charge is for a serious offense
• the juvenile record for the juvenile offender is lengthy.

4. What does concurrent jurisdiction mean?

In states with concurrent jurisdiction, prosecutors have the discretion to file cases in juvenile or adult courts, i.e, certain cases of young offenders can be filed directly in an adult court when the young offender meets the required age criteria and his or her offense falls in the specified offense criteria.