Leaders Case

ccordingly, there are a myriad of cases in the United States dealing with juveniles being transferred and tried as adults in recent years. In the 1980s, this increased public concern and the subsequent laws that followed were brought about as the result of a dramatic increase in serious or violent crimes committed by juveniles. Consequently, every state and the federal government passed new laws regarding juvenile offenders who commit serious and violent crimes. Indeed, these get tough laws have made it easier for more juvenile offenders committing serious or violent crime to be prosecuted in adult court. At this particular juncture, "it is important to note that a juvenile can be transferred to criminal court in three different ways: (1) prosecutorial discretion; (2) judicial waiver; and (3) statutory exclusion."(Waller,2009). There are three ways that transfer proceedings can usually begin -- the most common is through the prosecutor's request. But the juvenile court judge can also initiate transfer proceedings. And some state laws require that juveniles be tried as adults in certain types of cases, like homicide, i.e., statutory exclusion.

II. Age of transfer

"In most jurisdictions, a juvenile offender must be at least 16 to be eligible for waiver to criminal court, while other states have lower the age limit to as young as 13- year-old. Some states have lower the age limit to any age, when the offender commits a particular criminal offenses such as murder, aggravated rape and kidnapping, armed robbery or other violent crimes." (MJCCP, 2010). For example, Nathaniel Abraham, who was charged with murder and tried as an adult at the age of 11 in Michigan. And Jordon Brown, who was also 11 years old, killed his father and his eight-month-old pregnant stepmother. He was tried as an adult and convicted of the crime in Pennsylvania.

The movement to transfer juvenile offenders to criminal court continues to mount supporters, when the crime is serious or violent because the crime rate continues to increase and the offender is young. Due to the increase in juvenile crimes, legislators have enacted a proceeding in which juvenile offenders can be transferred or waived to criminal court

A. Mandatory Wavier (Judge)

"In most jurisdictions, juvenile offender, who has attained the age of 14, can be transferred to criminal court following a formal hearing on the judge's motion because he or she has been charged and convicted with one or several crimes enumerated in the statues for transfer to criminal court." (Waller,2009). Moreover, there is clear and convincing evidence that rehabilitation has not been successful for the offender under the current juvenile system considering a plurality of facts about him or her.

B. Direct Wavier (District Attorney)

The district attorney can have a juvenile offender transfers automatically to criminal court for certain crimes such as murder, aggravated rape or kidnapping, when he or she has reached the age of 15 under the statute. This can be accomplished in two ways. First, the prosecutor can present the case to a grand jury for indictment, thus circumventing the juvenile court process. Secondly, the prosecutor can file a petition in juvenile court to determine whether there is probable cause for a conviction of the offender. After determining there is such to believe that the offender committed the crime, he or she can have the case transfer to criminal court.