Criminal Justice
Burt, a sixteen-year-old, consumes alcohol for the first time at a party. Unaware of alcohol’s effect, Burt drinks too much, attempts to walk home, and is cited for being drunk in public. In Burt’s state, the juvenile court has concurrent jurisdiction over minors ages seventeen and under, with a waiver to adult court available at the judge’s discretion. Burt has not broken any laws before. Based on this scenario, answer the following questions:
- Is it likely that the judge will waive juvenile court jurisdiction in this case and allow the adult criminal prosecution of Burt?
- Why or why not?
- In your opinion, should Burt’s case be handled in juvenile or adult court?
- Why or why not?
Sample Answer
It is unlikely that the judge will waive juvenile court jurisdiction in Burt’s case and allow the adult criminal prosecution of Burt.
Here are some of the factors that judges consider when deciding whether or not to waive juvenile court jurisdiction:
- The age of the juvenile
- The seriousness of the offense
- The juvenile’s prior criminal record
- The juvenile’s amenability to rehabilitation within the juvenile system