Reverse Waiver — Must Some Kids Stay in Criminal Court?

According to the Office of Juvenile Justice and Delinquency Prevention, “23 States provide some mechanism whereby a juvenile who is being prosecuted as an adult in criminal court may petition to have the case transferred to juvenile court for adjudication or disposition. By enacting a reverse waiver provision, a State may simultaneously define a broad category of cases that it considers merit criminal court handling and ensure that its courts have an opportunity to consider whether such handling is actually appropriate in individual cases.”  Indiana is not one of those states.

In Indiana, when a child’s case is being handled in a criminal court — either because the juvenile court waived jurisdiction following a waiver hearing or because the prosecutor’s filed charges for which the juvenile court does not have jurisdiction (“direct file”) — the case will remain in criminal court and cannot be returned to the juvenile court.  I.C. 31-30-1-4(b).  The child will be sentenced as if he or she were an adult, if convicted.

For an overview of how reverse waiver is handled around the country, see this OJJDP article.

See also:

Different from Adults: An Updated Analysis of Juvenile Transfer and Blended Sentencing Laws, with Recommendation for Reform, National Center for Juvenile Justice and Models for Change (November 1, 2008) — scroll down list of documents on website

Camilla L. Lyons, MD, MPh Adria N. Adams PsyD, and Abigail L. Dahan, MD, Commentary:  Nuances of Reverse-Waiver Evaluations of Adolescents in Adult Criminal Court, Journal of the American Academy of Psychiatry and the Law, (September 2012)

John Burrow, Reverse Waiver and the Effects of Legal, Statutory, and Secondary Legal Factors on Sentencing Outcomes for Juvenile Offenders, Crime & Delinquency (January 2008).

 

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One Response to Reverse Waiver — Must Some Kids Stay in Criminal Court?

  1. Pingback: Reverse Waiver -- Must Some Kids Stay in Criminal Court? | Hoosier Herald

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