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

- -~--~--~-~~-------~----------Table 1.67Sourcebook of Criminal Justice Statistics 1983Statutory provisions governing waiver o~ juveniles to criminal court, by Statef\OTE: These data were collected through a review ofstatutes and juvenile courts' rules of the 50 Statesand the District of Columbia. "Waiver" is theprocedure by which COUl-t jurisdiction is determined fora youth whose alleged conduct, if committed by onadult, would constitute a crime. Waiver, also referredto as transfer or certification, generally involvesremoval of a case from the jurisdiction of the juvenilecourt to that of the criminal court. I-hwever, in someStates the criminal court exercises initial jurisdictionover a case and may waive or transfer jurisdictionback to the juvenile court. States may also have acombination of these waiver provisions; depending onthe age of the alleged affender and/or the offense, thecase may be transferred to or from criminal caurt.This table presents information only for provisionsgoverning the waiver of youth from juvenile tocriminal court; far informatian an provisions relatingto transfers from criminal court, see Source. Thewaiver decision is usually made after a hearing and isbased upon criteria specified by statute; see Tabie1.68 for a detailed presentation of this material.StateAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict ofColumbiaFloridaGeorgiaI-hwaiiIdahoIllinoisIndianaIowaKansasStatutescurrentas of198119811982198019791982198U1980198119811981198019811981198019811980Minimumageat whichallowed(in years)14Any age15151614141414161516 g18 g141413151615131014161416See faotnotes at end of table.Mentallyill orretardedt:hild maybe: waived(b)YY(j)YCourtYYYYYYY(d)(e)YYYYYYoY(J)YYYThree States--Nebraska, New York, andVermant--have no waiver plovisions of this type. InNebraska, the juvenile and criminal courts haveconcurrent jurisdiction over certain cases ond theprosecutor decides in which court to file the case,thus making the waiver determinoticn. All threeStates permit waiver to the JUVenile court f'0m thecriminal court. These data reflect the langl>;cept case referredby criminal court under42 sec. 6355 (d)(e)Indictable offenseMurder and rapeFelony or misdemeanorNon:;Murder, ma~slaughter, rape,robbery With deadly weaponkidnaping ,Crime or public offenseFelonyFelonyOffenses punishable byimprisonmentNoneClass A felony or attempt,assault 2nd, extortion 1stindecent Uberties, ,kidnaping 2nd, rope 2nd,