Week 3 PowerPoint

Week 3 PowerPoint - COR 835 LAW ETHICS IN CORRECTIONAL...

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COR 835 L AW THICS IN C ORRECTIONAL & J UVENILE J USTICE Week THREE Eastern Kentucky University
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W AIVERS
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J UVENILE T RANSFER TO A DULT C OURT Purpose of Juvenile Transfer For greater flexibility in dealing with serious and violent juveniles by imposing longer and harsher sentences For an option to deal with chronic offenders who have exhausted all other alternatives in the juvenile justice system To allow judges and prosecutors the ability to purge the juvenile system of those who would not benefit from rehabilitation
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Waiver: One of the first decisions made at intake is whether a case should be processed in the criminal (adult) justice system rather than in the juvenile court. Most states have more than one mechanism for transferring cases to criminal court (discussed later). Between 2000 and 2004, the number of judicially waived delinquency cases increased 21%. In 2004, 1.9% of all petitioned delinquency cases involving juveniles age 16 or older were waived to criminal court, compared with 0.2% of cases involving younger juveniles. J UVENILE W AIVERS TO A DULT C OURT
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J UVENILE T RANSFER TO A DULT C OURT Factors Influencing Transfer Seriousness of offense Prior record Youth’s amenability to treatment Community protection Amount and quality of evidence Maturity of the juvenile Victim influence Many other factors may influence transfer All types of transfers must usually be supported by minimum age, offense, and/or prior record requirements
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S ERIOUSNESS OF THE O FFENSE AND W AIVER D ECISION M AKING Rationale for Using Transfers, Waivers, or Certifications Possibility of harsher punishments to be imposed Provision of proportionately severe punishments Fairness in administering punishments according to offense seriousness Hold serious violent offenders accountable To deter other juveniles from serious crime Overcome traditional leniency of juvenile courts Make youths realize the seriousness of their offending
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S ERIOUSNESS OF THE O FFENSE AND W AIVER D ECISION M AKING Ideal Characteristics for Justifying Transfers to Criminal Courts Those transferred should exhibit certain characteristics Age, offense seriousness, and prior record Those transferred should be chronic, persistent, and violent offenders.
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S ERIOUSNESS OF THE O FFENSE AND W AIVER D ECISION M AKING Actual Characteristics of Transferred Juveniles 2004 violent offenders only
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This note was uploaded on 08/08/2010 for the course COR 856 taught by Professor Dr.kevinminor during the Fall '08 term at E. Kentucky.

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Week 3 PowerPoint - COR 835 LAW ETHICS IN CORRECTIONAL...

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