Legal Definitions - waiver hearing

A waiver hearing, also known as a transfer hearing or certification hearing, is a formal legal proceeding held in a juvenile court. During this hearing, a judge determines whether a minor accused of a crime should remain under the jurisdiction of the juvenile justice system or be transferred to the adult criminal court system to be tried as an adult. The court considers various factors, such as the seriousness of the alleged offense, the minor's age, their criminal history, and whether they can be rehabilitated within the juvenile system. The purpose is to decide if the juvenile court should "waive" its jurisdiction, allowing the case to proceed in an adult court where potential penalties are often more severe.

Here are some examples illustrating a waiver hearing:

• Example 1: Serious Violent Offense

  Scenario: A 16-year-old is accused of committing a carjacking at gunpoint, a crime involving significant violence and the threat of harm to the victim. The prosecutor believes that the juvenile court system, which prioritizes rehabilitation, cannot adequately address the severity of the alleged actions or provide sufficient public protection given the nature of the offense.

  Explanation: In this situation, a waiver hearing would be convened. The juvenile court judge would hear arguments from both the prosecution and the defense regarding the minor's age, the specific details of the alleged crime, and whether the juvenile system has the appropriate resources or sentencing options for such a serious and violent offense. The judge's decision would determine if the 16-year-old's case moves to adult criminal court.

• Example 2: Repeated Offenses and Lack of Rehabilitation

  Scenario: A 17-year-old has a history of multiple felony property crimes, including several instances of grand theft and breaking and entering, over the past few years. Despite participation in various juvenile rehabilitation programs and probation, the minor has repeatedly reoffended. The latest charge is another serious burglary of a residence.

  Explanation: A waiver hearing would be held to assess whether the juvenile court has exhausted its ability to rehabilitate the minor. The judge would consider the minor's extensive juvenile record, the apparent failure of previous interventions, and the need for more stringent consequences potentially available in the adult system. The hearing would decide if the juvenile court should waive its jurisdiction, allowing the minor to be tried as an adult for the latest offense.

• Example 3: Borderline Age and Public Safety Concerns

  Scenario: A 15-year-old is accused of distributing a significant quantity of illegal narcotics in a school zone. While the minor is relatively young, the alleged crime involves serious public health and safety implications, particularly for other minors.

  Explanation: Even though the minor is not yet 16, the serious nature of the alleged drug distribution and the potential harm it poses to the community could prompt the prosecution to request a waiver hearing. The judge would evaluate factors like the minor's maturity, any prior behavioral issues, the scale of the alleged operation, and the potential for rehabilitation within the juvenile system versus the need for adult accountability given the public safety implications of the alleged act. The hearing would determine if the case should be transferred to adult court.