CCJS 350 Study Guide - Midterm Guide: Juvenile Delinquency, Juvenile Court, Selective Enforcement

• School: University of Maryland
• Department: Criminology and Criminal Justice
• Course: CCJS 350
• Professor: Justine Madoo

Document Summary

The juvenile court may waive its exclusive jurisdiction. The juvenile court must hold a preliminary hearing to determine probably cause. Issues a transfer order to criminal court: presumptive waiver- Mandates juvenile transfer unless the juvenile offender can prove he or she is suited to juvenile justice system rehabilitation. The court initially presumes that the juvenile should be evaluated in criminal court. Burden of proof is shifted from the state to the juvenile. The county attorney may bring criminal prosecution against a juvenile in the same manner as an adult. Legislative decision to exclude a juvenile automatically based on: direct file- Prosecutorial discretion: age, offense, statutory exclusion- age and offense, once an adult/ always rule- In any subsequent cases, once a juvenile has been deemed an adult in that state, the juvenile will continue to be considered an adult in criminal matters. Waiver allowed for initial offense: reverse waiver-