NCJ Number
58141
Journal
Wisconsin Law Review Volume: 1979 Issue: 1 Pages: 190-216
Date Published
1979
Length
27 pages
Annotation
THIS NOTE EXAMINES THE PROCEDURAL AND SUBSTANTIVE PROBLEMS RELATING TO WAIVER OF JUVENILES AND THE EXTENT TO WHICH THOSE PROBLEMS WERE SOLVED BY LEGISLATION IN WISCONSIN.
Abstract
THE CASES INVOLVING THREE JUVENILES RAISED QUESTIONS OF REJECTION OF EVIDENCE, VAGUENESS, REQUIREMENTS OF NOTICE, AND THE IMPORTANCE OF SUCH CRITERIA AS RESPONSIVENESS TO TREATMENT AND SERIOUSNESS OF THE CRIME. THE NEW WISCONSIN STATUTE IS ESPECIALLY RESPONSIVE TO THE DEMAND FOR DUE PROCESS. THE STATUTE REQUIRES THREE DAY WRITTEN NOTICE BEFORE A WAIVER HEARING, THE USE OF A PROSECUTIVE MERIT DETERMINATION BEFORE PROCEEDING TO THE WAIVER QUESTION, THE RIGHT OF THE JUVENILE TO INTRODUCE ANY RELEVANT EVIDENCE, THE ESTABLISHMENT OF A DEFINED BURDEN OF PROOF STANDARD, THE REQUIREMENT THAT THE WAIVER DECISION BE BASED ON STATUTORILY SPECIFIED CRITERIA, AND THE REQUIREMENTS THAT A JUVENILE COURT PROVIDE A DETAILED STATEMENT OF ITS FINDINGS. THE STATUTE FURTHER LISTS FOUR CRITERIA FOR A WAIVER DECISION TO BEGIN TO AMELIORATE EARLIER PROBLEMS OF VAGUENESS AND WIDE DISCRETIONARY POWERS IN THE HANDS OF JUVENILE JUDGES. A WEAKNESS MIGHT BE ITS LACK OF SPECIFICITY IN DETERMINING THE THOROUGHNESS OF REHABILITATION EXAMINATIONS. FURTHER, THE STATUTE APPEARS TO GIVE UNDUE EMPHASIS TO THE DESIRABILITY OF A TRIAL IF THERE ARE ADULT CODEFENDANTS, BUT DOES SPECIFY THE WEIGHT THAT PROVISO SHOULD HAVE. REMOVING TOTAL DISCRETIONARY POWERS FROM JUDGES, THE STATUTE DEMANDS THE EXAMINATION OF SPECIFIC CRITERIA AND THE USE AND IDENTIFICATION OF A BALANCING PROCESS. THUS, THE JUVENILE COURTS, AND COUNSEL MUST NARROWLY DEFINE THE ISSUES AND EVIDENCE RELATING TO A WAIVER IN A MORE PRECISE AND RELEVANT MANNER. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--TWM)