NCJ Number
107617
Journal
New Hampshire Bar Journal Volume: 27 Issue: 4 Dated: (Summer 1986) Pages: 221-240
Date Published
1986
Length
20 pages
Annotation
After reviewing the U.S. Supreme Court's decision pertaining to juvenile court waiver procedures in Kent v. United States (1966), this article describes the aftermath of this decision in 10 States.
Abstract
In Kent v. United States, the Supreme Court decided that a juvenile court's decision to waive a juvenile to adult court is a critical decision requiring a hearing that complies with due process standards and fair treatment. In the appendix to the opinion, the Court promulgated a set of standards which the juvenile court judge should consider in making the waiver determination. After the Kent decision, the number of cases dealing with waiver of juvenile court jurisdiction increased along with the challenges to the propriety of the methods used in making waiver decisions. This article reviews relevant State statutes and court decisions in New Hampshire, Massachusetts, Connecticut, Rhode Island, Vermont, Maine, Texas, California, New York, and Illinois. Overall, the States require that the juvenile court judge must make waiver decisions within the constraints of the standards of Kent or similar guidelines mandated in State statutes. The Kent standards, however, do not apply to prosecutorial waiver decisions. 69 footnotes.