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The adultification of youth
... There are three types of judicial waiver, discretionary, presumptive, and mandatory. Discretionary (regular) transfer allows a judge to transfer a juvenile from juvenile court to adult criminal court [15]. With this type of transfer, the burden of proof rests with the state and the prosecutor must confirm that the juvenile is not amenable to treatment [15]. ...
... Discretionary (regular) transfer allows a judge to transfer a juvenile from juvenile court to adult criminal court [15]. With this type of transfer, the burden of proof rests with the state and the prosecutor must confirm that the juvenile is not amenable to treatment [15]. In Kent v. United States (383 U.S. 541, 566-67 [1966]), the Supreme Court outlined threshold criteria that must be met before a court can consider waiving a case. ...
... Presumptive waiver involves shifting the burden of proof from the State to the defendant [15]. It is presumptive because it is presumed that it will occur unless the youth can meet the burden of proof and provide justifiable reason to remain in juvenile court [15]. ...
During the 1990s and 2000s, nearly every state revised its laws or adopted new legislation facilitating the transfer of juvenile offenders from juvenile court to criminal court. Previously, transfer was reserved for the “worst juveniles”, or those youths who were charged with serious violent offenses. This paper compares and contrasts girls and boys who were judicially waived to adult court in one state from 1994 to 2000. These data suggest that there may be other factors that influence judicial decision-making on the issue of transfer. Policy considerations are also discussed.
Should adolescents be held as culpable for their behavior as adults? Adolescence is a tumultuous time, full of change and transformation. This paper examines the development of brain functions and cognitive capabilities of teenagers. It explores the effect of alcohol use on brain development and the fundamental cognitive differences between adolescents and adults. This knowledge, coupled with the assessment of developmental perspective, suggests that the adultification of youth (or waiver to adult court) is unduly harsh for youth whose brains have not fully formed.
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