NCJ Number
55316
Journal
Indiana Law Journal Volume: 53 Issue: 3 Dated: (SPRING 1978) Pages: 601-614
Date Published
1978
Length
14 pages
Annotation
WAIVER OF JUVENILES TO ADULT COURT IN INDIANA IS TRACED THROUGH CASE LAW AND LEGISLATIVE ATTEMPTS TO DEFINE WAIVER; CRITICISMS OF THE WAIVER LAW (AS AMENDED IN 1975 AND 1976) AND POSSIBLE ALTERNATIVES ARE EXPLORED.
Abstract
WHILE THE PARENS PATRIAE DOCTRINE HAS LONG BEEN THE THEORY BEHIND THE TREATMENT MODEL IN THE INDIANA JUVENILE JUSTICE SYSTEM, IT HAS ALSO BEEN RECOGNIZED THAT NOT ALL YOUTH CAN BE REHABILITATED. THUS, WAIVER TO ADULT COURT HAS BECOME THE ACCEPTED METHOD OF HANDLING SUCH JUVENILES. THE LEGISLATURE PROVIDED WAIVER LAWS WITH FEW GUIDELINES AS TO WHO COULD BE WAIVED AND WHAT PROCEDURAL REQUIREMENTS MUST BE MET. THE COURTS IN INDIANA SET MINIMUM REQUIREMENTS IN ORDER TO INSURE THAT WAIVER REMAINED THE EXCEPTION, SO THAT THE LEGISLATURE'S STATED PURPOSE TO SECURE THE CUSTODY, CARE, AND DISCIPLINE AS NEARLY AS POSSIBLE EQUIVALENT TO THAT WHICH SHOULD HAVE BEEN GIVEN BY A JUVENILE'S PARENTS WAS FULFILLED. IN AN ATTEMPT TO INCORPORATE THE CASE LAW WITHIN ITS WAIVER LAW, THE INDIANA LEGISLATURE AMENDED THE WAIVER LAW IN 1975 AND 1976; HOWEVER, THE EFFECT OF THESE AMENDMENTS WAS TO BROADEN RATHER THAN LIMIT THE GROUNDS FOR WAIVER AND TO MAKE WAIVER MANDATORY WHEN A CHILD HAS BEEN CHARGED WITH CERTAIN OFFENSES, REGARDLESS OF THE JUVENILE'S POTENTIAL FOR REHABILITATION. THE RESULT IS A SERIOUS INCONSISTENCY BETWEEN THE STATED GOALS OF THE JUVENILE JUSTICE SYSTEM IN INDIANA AND THE PRESENT WAIVER LAW. IN ORDER FOR THE INDIANA WAIVER LAW TO BE COMPATIBLE WITH THE LONG ACCEPTED PARENS PATRIAE PHILOSOPHY OF THE JUVENILE COURT SYSTEM, IT MUST BE AMENDED TO ALLOW MORE CERTAINTY THAT THOSE JUVENILES WAIVED TO THE ADULT COURT ARE TRULY BEYOND THE REHABILITATIVE CARE OF THE JUVENILE COURT. THE LEGISLATURE SHOULD ALSO AMEND THE PRESENT WAIVER LAW TO REQUIRE A SHOWING OF PROBABLE CAUSE THAT THE JUVENILE CHARGED HAS COMMITTED THE OFFENSE. FURTHER, SHOULD A JUVENILE BE FOUND GUILTY IN THE CRIMINAL COURT OF A LESSER INCLUDED OFFENSE THAT IS NOT ONE OF THE CRIMES INCLUDED IN THE MANDATORY WAIVER SECTION, HE SHOULD BE RETURNED TO THE JUVENILE COURT FOR DISPOSITION. (AUTHOR ABSTRACT MODIFIED--RCB)