Waiver Case Summary

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Waiver varies from jurisdiction, however, is common to find judicial waiver legislative offense exclusion and prosecutorial discretion. A judicial waiver occurs when a juvenile court judge transfers a case from juvenile to adult court, after conducting a hearing to determine whether a juvenile is amenable to treatment or poses danger to the community, in order to deny the juvenile the protections that juvenile jurisdictions provide. There is a two prong approach to waiver: dispositional (amenability) phase and adjudicating phase. Phase 1 is a hearing to determine probable cause and Phase 2 is to determine whether the best interest of the public and the juvenile would be served by waiving jurisdiction of the juvenile to the adult court. (kent) …show more content…

Johnny is 14 years old and has ample opportunity for a better childhood. It wasn’t until Johnny started hanging with the wrong people that his behavior became more aggressive than the average teenage boy. In the juvenile system, wraparound services can be provided for Johnny and his family. This includes but is not limited to social services, clinicians, probation officer’s who would assist vagina to decide what to do to secure the child’s best interest. Juvenile court services provide proper diagnosis and treatment to focus on Johnny’s character and lifestyle rather than the crime.


It would be in Johnny’s best interest to be transferred into the adult criminal system. Johnny has been suspended three times this year, once for fighting, once for smoking in the boys’ room, and once for listening to Brownsville Station on his iPod during class. In addition, Roman Catholic, the school that he barely attends, has scheduled an expulsion hearing. He stays out all hours of the night, ignores his curfew, doesn’t do his chores or schoolwork, and is disrespectful to his elders.
It is obvious that Johnny has not and will not be rehabilitated through the juvenile system. If Johnny has gone as far as disrespecting and harming his mother, there is no telling what he may do to someone else. The adult criminal system is best fit for Johnny because violent offenders cannot be

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