Sourcebook of Criminal Justice Statistics, 1983 - Bureau of Justice ...

--~--~----~-~--------- ~Table 1.67Sourcebook of Criminal Justice Statistics 1983Stai'utory provisions governing waiver tlf juveniles to criminal cOllTt, by State--ContinuedWaiverMinimum Mentallyage ill orStatutes at which retarded At discretion ofcurrent allowed child mayState as of (in years) be waived Couri Prosecutor Child Restricted to certgin crime(s)West Virginia 1980 Any age Y16 Y16Wisconsin 1981 16 (aa) (ob)Wyoming 1981 An~ age (ac) (ad)~May mave for or request woiver.Unclear.cDistrict attorney may refuse criminal case bynot filing an informotion within 5 days, in which casethe jUJ.enile ce',rt retains jurisdiction.No discretion, "court sholl tran'.fer ...:t.~No discretion, "transfer hearing shall be held."Unless incompetent to participate inproceedings, but child must then be "committed" to 0men tab hospitol.For youth aged 16 years or older, offenses underthe jurisdiction of the juvenile court do not includemurder, rape, burglary 1st, robbery while armed, orassault with intent to commit such an offense.Offenders alleged to have committed such offenses donot face waiver proceedings; the criminal courtalrea'lr has exclusive jurisdiction over them.. Child and parent may demand.!Shall move for or request waiver.~t if committable.I Child and counsel may C:c:lIOnd waiver.;Jhe court "shall waive unless ..."On own motion or petition of State's attorney.nCourt refers to prosecutor who d';!cides whetherto prosecute.°Up to 21 years of age and within juvenilecourt'~ continuing jurisdiction.May move for or request waiver if over 17 yearsof age.qTwo sections of the statutes delineate theseprovisions; each section stipulates different criteriaand findings for the waiver decision; see Table 1.68.Treason, murder, robbery withdeadly weapon, kidnaping,arson 1st, sexual assault1st, a second violent felonyor a third felonyViolent felony or secondfelonyAny crimeyZ(a) (0) Stote criminal law(ad)Crimesr Waiver is mandatory for capital offenses.slf over 17 years of age.tCansideration given to juvenile's ability todistin~uish right from wrong.Pei1tioner may request that family courttransfer cas'! to general sessions. If request denied,peii!ianer ma:f appeal to circuit court which may, inits discretion, exercise general sessions' jurisdiction orrelinquish jurisdiction to family court.vMandatory transfer if child is charged with afelony and has been previously tried as an adult andconvicted of a felony.wMay make motion for waiver; if court decidesto retain jurisdiction and the crime is punishable bydeath or more than 20 years' imprisonment, thedecision to retain can be appealed.xMay elect with consent of counsel.YWaiver hearing must be held unless waived bycourt, parties, and coun~el.z~hild may demand for any crime.a Whether the child is mentally ill ordevel~ntally disabled is a factor to be considered.Judge ma~' move for or request waiver ifhe/she remoVE'S himself/herself fram futureprocee'i\ings.Q Only if reasonable grounds to believe child notsubject to commitment to (, mental health/mentalretardaJion institution.a County attorney makes initial decisionswhether to file in juvenile court or criminal court.Thereafter, either court may decide to tronsfer to theother.Source: Thomas S. Vereb and John '_. fiJtzler, Juveniles as Criminals: 1981 Statutes Analysis, PreliminaryDraft (Pi ttsburgh: National Center for Juvenile Justice, 1981), Table I. Table adapted by SOJRCEB()()< staff.Reprinted by permission.Table 1.68Choracteristics of the Criminal Justice SystemsStatutory provisions governing hearings and criteria for waiver of juveniles to criminal court, by StateI\OTE: See I\OTE, T