Reference no: EM132781447

As a nation, the pros and cons of having juveniles being tried as an adult is a subject with which many have been grappling for generations. There are pros and cons to having juveniles within the adult system.

Waivers

Some juvenile cases get transferred to adult criminal court through a process called a "waiver"-when a judge waives the protections that juvenile court provides. Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before. Although being tried in adult court gives a juvenile more constitutional protections, it has distinct disadvantages too-including the potential for a more severe sentence and the possibility of serving time in an adult correctional facility.

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.

If the prosecutor or judge seeks to transfer the case to adult court, the minor is entitled to a hearing and representation by an attorney. This hearing is called the waiver hearing, fitness hearing, or certification hearing. Usually, the prosecutor must show probable cause that the juvenile actually committed the charged offense.

If the prosecutor has established probable cause, the judge must then decide on the minor's chances at rehabilitation as a juvenile. To make this decision, the judge will often hear evidence on the minor's:

• Background

• Juvenile court record

• Willingness to get treatment in the juvenile system

If the judge transfers the juvenile case to adult criminal court, the case starts there at the beginning-typically with the arraignment (formal, in-court notice of charges against the juvenile).

Usually, juveniles and their attorneys fight to keep a case in juvenile court. But there are also advantages to being tried in adult criminal court.

What are some of those advantages?