final juvenile waiver to adult court

8/14/2019 FINAL Juvenile Waiver to Adult Court

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600 E. Jefferson Street, Suite 308, Rockville, MD 20852 * 301/424-5777 *

To AdultTo AdultCourtsCourtsNew Issues,Growing Concerns,and PotentialSolutions

View From the TrenchesView From the Trenches ::A Practitioners PerspectiveA Practitioners Perspective


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For more help, information and access to our For more help, information and access to our

source materials, please visit ourpresentationsource materials, please visit ourpresentationwebsite at:website at:http://sites.google.com/a/hooverlaw.com/juvenile-http://sites.google.com/a/hooverlaw.com/juvenile-waivers/Homewaivers/Home

Panelist Panelist Patrick J. Hoover,Patrick J. Hoover,Esq.Esq.

Patrick Hoover Law Offices

Admitted to practice in Maryland and Washington D.C.,concentrating in juvenile law, education law,specialeducation law and criminal defense.

Please visit our website: www.hooverlaw.com .

View From theView From the

TrenchesTrenches ::A Practitioners PerspectiveA Practitioners Perspective
http://www.hooverlaw.com/http://www.hooverlaw.com/http://www.hooverlaw.com/http://www.hooverlaw.com/


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Panel Presentation Website:Panel Presentation Website:
http://sites.google.com/http://void%28window.open%28%27http//www.google.com/sites/help/intl/en/terms_apps.html'))http://sites.google.com/a/hooverlaw.com/juvenile-waivers/system/app/pages/recentChangeshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/system/app/pages/sitemap/hierarchyhttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/https://www.google.com/a/UniversalLogin?continue1=http://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home&md=hooverlaw.com&continue2=http://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home&continue=http://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home&service=jotspothttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/resourceshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/panel-presentationshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/hoover-fileshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/floss-fileshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/culotta-fileshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/conference-brochurehttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/clarke-fileshttp://www.hooverlaw.com/mailto:[email protected]://www.alleghenycourts.us/mailto:[email protected]://www.hilbert.edu/default.aspmailto:[email protected]://www.nbatests.com/mailto:[email protected]://sites.google.com/a/hooverlaw.com/juvenile-waivers/system/app/pages/sitemap/hierarchyhttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/hoover-fileshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/floss-fileshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/culotta-fileshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/clarke-fileshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/resourceshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/panel-presentationshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Home/panel-presentationshttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/Homehttp://sites.google.com/a/hooverlaw.com/juvenile-waivers/http://sites.google.com/a/hooverlaw.com/juvenile-waivers/


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Lawyer Critic = Muckraker:Lawyer Critic = Muckraker:

Oppose Waiver of > 200,000 Teens Annually

Prosecuted in U.S.

As practitioner, I speak for teens facing government

prosecution.

As practitioner, I see juvenile court increasingly

marginalized by the over use and systemic abuse of

juvenile waivers .

As practitioner, I see juvenile waivers punish youth onmultiple levels and far beyond the terms envisioned

American definition: Person who investigates andexposes instances of current affairs that violate widely

held values.British definition: Sensationalist scandal-monger, not

driven by any social principles!


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Explosion of Juvenile WaiverExplosion of Juvenile WaiverLawLaw

Statehouses now scrambling to undothe harm

Harsh juvenile waiver laws reactionary& misguided

Harmful effects to youth irrefutableIncreased suicides, sexual assault andvictimization, recidivism, rates soar,educational and employment/earningspotential destroyed; criminalacculturization inevitable

Every credible body in U.S. calls forreform


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Explosion of Juvenile WaiverExplosion of Juvenile WaiverLawLaw

Study after study documentsabuse, misuse

Unintended consequences arising

from ill considered laws; oftenpoorly understood effects to youthDevastation to teens far beyond theterms of their sentence

Juvenile Courts harmedProfound assault on policy & intentLawyers, not judges, prevail


7/17600 E. Jefferson Street, Suite 308, Rockville, MD 20852 * 301/424-5777 *

View of a Practitioner:View of a Practitioner:

ehabilitation should trumppunishment except in rareinstances

Prosecutors unfettered and arbitrarydiscretion unhelpful

Criminal courts ill-equipped todecide

Development brain, body &personality



How Practitioners ShouldHow Practitioners ShouldUse Research Data inUse Research Data in

Waiver CasesWaiver CasesIs my client competent? Can my clientassist? Can my client be brought to trialand understand?

Studies prove most juveniles



How Practitioners View theHow Practitioners View theLaw in Waiver CasesLaw in Waiver Cases

Nationally, practitioners must juggle legal and policyinconsistencies within statecounties and between statesNo real consistent guidelines oncriteria prosecution should use indetermining which children are tobe waived to adult court.

In PA, the burden of proof is on the child.

In MD the burden of proof is on the



How Practitioners View theHow Practitioners View theLaw in Waiver CasesLaw in Waiver Cases

In many jurisdictions, judges have no primarycriteria to consider in determining which childrenare to be waived to adult court

In MD statutory law, judges must consider 5 factors MD statutes are silent regarding most important

factor judges must consider when waiving juvenilesto adult court

MD case law, judges must consider:above all other factors is whether the juvenile is amenable

to treatment

whether it is more probable than not that the juvenile is

unfit for rehabilitationot all MD cour ts are aware of thiscase law.



How Practitioners Use theHow Practitioners Use theLaw in Waiver CasesLaw in Waiver Cases

Focus of defense case is onamenability to treatment and

personality judgment maturitycapacityPractitioner must have enough evidenceto challenge the prosecutions argument

that the juvenile cannot be rehabilitated Practitioners consider the

seriousness of the crime or theeffects on the victim in the contextof a juvenile clients rehabilitation



Practitioner SuggestionsPractitioner SuggestionsCourts, prosecutors and juvenile systempersonnel must take seriously brain studiesand development issues when determiningwhether to waive a juvenile

Courts, prosecutors and juvenile systempersonnel should not waive juveniles withoutextensive examination of whether the

juvenile is capable and whether they areamenable to rehabilitation.

Courts, prosecutors and juvenile systempersonnel should not waive cases except invery rare and specific circumstances.



Practitioners SuggestionsPractitioners SuggestionsIf legislatures create punitive delinquencylaws, courts still have powers through caselaw to establish set guidelines indetermining who should not be waived:

First offenders Nonviolent offenders, such as drug users and

offenders Juveniles who never had rehabilitative options

in the past Juveniles who demonstrate incompetency via

psychological tests and medical studies

Juveniles who demonstrate potential forrehabilitation



Assessment andAssessment andEvaluationEvaluation

How can we in the field deal withlegislative inconsistency?

Rely upon facts, science andunderstanding of child development

Utilize older, good case law coming from

juvenile court reform erasThankfully trend is swinging back,courts and legislatures are takinglook at issue of waivers



Whats Working?Whats Workin g?

Increasing age of juvenile jurisdiction

Increase time period for rehabilitation

16 vs. 24 = 8 years of additionalreform time

Akin to drinking age revision per U.S.Deans

Acknowledges real-world youth timespan

Evidence is clear juveniles requiremany more years of development before becoming adults



Whats Working?Whats Workin g?

Blended outcomes: Adult sentencingand optional juvenile dispositionsSatisfies all stakeholders

Politically attractive in community

Provides return to juvenile court

Utilization of youthful offender services

Returns decision-making to youth

professionals Juvenile judges, juvenile socialworkers, lawyers trained in juvenilelaw, therapists, educators, counselors.


17/17600 E Jefferson Street Suite 308 Rockville MD 20852 * 301/424 5777 *

REMINDER: For access to our source materials,REMINDER: For access to our source materials,

please visit our presentation website at:please visit our presentation website at:http://sites.google.com/a/hooverlaw.com/juvenile-http://sites.google.com/a/hooverlaw.com/juvenile-waivers/Homewaivers/Home

First Juvenile Court,Chicago 1899

Conclusion andConclusion and

QuestionsQuestions

final juvenile waiver to adult court

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