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JUVENILE CRIME AND WHY WAIVER IS NOT THE ANSWER
Authors:Lisa M Flesch
Institution:Lisu M. Flesch graduated from Hofstra Law School in May 2004. Lisa was Notes and Comments Editor of Family Court Review;for the 2003–04 school year. In August 2004, Lisa will begin her career as an assistant district attorney in Nassau County. Lisa hopes to work one day prosecuting sex offense and domestic violence cases.
Abstract:Many states deal with the issue of juvenile crime by charging juveniles as adults. This is done by a method of waiver. Waiver allows adult criminal courts to have the power to exercise jurisdiction over juveniles.1 In effect, a juvenile is tried and sentenced as an adult when his or her case is waived (removed) from the juvenile court to the adult court. Waiver in juvenile (youths seventeen and younger) cases should never be allowed because juvenile offenders are too immature and incompetent to appreciate the nature of their crimes and because the juvenile justice system is a more appropriate place to rehabilitate juvenile offenders.
Keywords:waiver  juvenile  judicial waiver  prosecutiorial waiver  legislative waiver
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