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From juvenile to adult court • Waiver has to be issued one of three ways: • Judicial • Prosecutorial • Legislative Waiver approval depends on: public safety, maturity of the juvenile being charged, and the likelihood of rehabilitation.
Code of Virginia: § 16.1-249 • “If, in the judgment of the custodian, a juvenile has demonstrated that he is a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the judge shall determine whether such juvenile should be transferred to another juvenile facility or, if the child is 14 years of age or older, a jail or other facility for the detention of adults”
Eighth Amendment • “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Roper v Simmons • “Fundamental developmental, cognitive differences exist between juveniles and adults that render juveniles less mentally culpable and competent when subject to criminal proceedings.”
The views of the justice system and how they decide to respond to unlawful conduct has been proven to be a direct reflection of societal attitudes.
Why?? • Transferring violent juvenile offenders to criminal court decreases the chances of them becoming a repeat offender. Recidivism