Adjudication Process

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The juvenile court system has the option to transfer a case to criminal court rather than a juvenile court based upon age and crime. There are three different categories for the transfer. The first type of waiver is a judcial waiver; this waiver allows the juvenile judge to transfer the case. The second is a concurrent jurisdiction is a situation where both juvenile and criminal courts have jurisdiction over the case. The last waiver is statutory exclusion where the state mandates that certain crimes require that the juvenile be charged and tried as an adult based upon the crime. There is a process to all waivers, first the intake officer or prosecutor must complete a waiver petition. Once the petition is submitted a juvenile judge reviews the case to ensure that there is probable cause that the juvenile committed the criminal act. The judge then decides at that time if the case should be transferred to the criminal courts to decide. If the judge decides to deny the waiver request there will be an adjudicatory hearing in place in the juvenile court system. At times the prosecution will argue a judges final decision to defer a case being transferred to criminal court based upon the amount of times the juvenile had been adjudicated previously by the court and the efforts had failed to rehabilitate the offender from committing the crimes. When the judge makes the final decision to transfer the case to criminal court the juvenile court system is waived of jurisdiction of the case. In some states there are mandates set by the legislature that pre-determine if an individual is tried as an adult in criminal law based upon the severity of the crime. The law essentially excludes these cases from being tied in a juvenile court system. In cases of serious crimes such as murder the prosecution must file the case in the criminal court. Other states have given the prosecution…...

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