Deck 9: Transfer to Criminal Court

Question 1

Which of the following is "not" a purpose of a waiver hearing:

A) To access the juveniles' amenability to treatment
B) To access the juveniles' threat to public safety
C) To determine guilt or innocence
D) All of the above are purposes

Answer 1

C

Question 2

The majority of juveniles waived to criminal court are _________ and juveniles aged _____________.

A) Males: 16 and below
B) Females: 16 and below
C) Males: 16 and over
D) Females: 16 and over

Answer 2

C

Question 3

Waiver decisions must comply with guidelines spelled out in the U.S. Supreme Court case of _________.

A) Breed v. Jones
B) Commonwealth v. Fisher
C) Schall v. Martin
D) Kent v. United States

Answer 3

D

Question 4

Traditionally the transfer decision has been left to the discretion of the…

A) Prosecutor
B) Judge
C) Intake officer
D) Police

Question 5

In direct file processing, discretion is left up to the ______whether to file the case in juvenile or criminal court.

A) Judge
B) Prosecutor
C) Defense attorney
D) Intake officer

Question 6

The two variations of judicial waiver are _________ and __________.

A) Mandatory; statutory exclusion
B) Direct file, statutory exclusion
C) Mandatory; presumptive
D) Presumptive; direct file

Question 7

In mandatory waiver cases, proceedings are initiated in _________.

A) Juvenile court
B) Criminal court
C) Whichever court the prosecutor chooses
D) Adult court

Question 8

Which transfer process is a provision 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?

A) Judicial waiver
B) Statutory exclusion
C) Direct file
D) Reverse waiver

Question 9

The number of juvenile cases waived to criminal court has never been more than _________of the total number of juvenile court cases.

A) 10% to 12%
B) 4% to 5%
C) 20% to 25%
D) 1% to 2%

Question 10

Which type of waiver makes waiver mandatory in cases that meet certain age, offenses, or other criteria?

A) Concurrent jurisdiction
B) Mandatory waiver
C) Presumptive waiver
D) Direct file

Question 11

_____ are the types of cases most likely to be waived to criminal court.

A) Property offenses
B) Drug offenses
C) Person offenses
D) Public order offenses

Question 12

What is the difference between the transfer processes?

A) The terms used to describe them
B) According to who makes the transfer decision
C) Both A & B
D) Neither A or B

Question 13

The number of juvenile cases waived by judges to the criminal court has ______ since the 1990s.

A) Increased
B) Decreased
C) Remained the same
D) Doubled

Question 14

A judicial waiver is usually requested by the ______ and is granted by the court after a hearing.

A) Defense attorney
B) Intake probation officer
C) Prosecuting attorney
D) Judge

Question 15

Under which transfer process does the juvenile court judge have the authority to waive juvenile court jurisdiction and transfer a case to the criminal court?

A) Concurrent jurisdiction
B) Judicial waiver
C) Statutory exclusion
D) Direct file

Question 16

Which race consists of the highest percent of transfer cases?

A) White
B) Black
C) Hispanic
D) Asian

Question 17

The stated purpose(s) of most juvenile waiver and transfer laws focus on _________.

A) Public safety
B) Reduction of serious crimes by juveniles
C) Punishing young offenders.
D) All of the above

Question 18

Under direct file provisions, which court(s) have the power to hear cases that have been specified in the statute according to seriousness of offense and age of offender?

A) Juvenile courts only
B) Adult criminal courts only
C) Both juvenile and adult criminal courts
D) Neither juvenile nor adult criminal courts

Question 19

Which transfer process removes certain offenses or age and offense categories from juvenile court jurisdiction?

A) Reverse waiver
B) Judicial waiver
C) Statutory exclusion
D) Prosecutorial discretion

Question 20

Which of the transfer processes can be described as the provision for prosecutorial discretion and allows prosecutors to file certain juvenile cases in either juvenile or criminal court?

A) Presumptive waiver
B) Reverse waiver
C) Judicial waiver
D) Prosecutorial discretion

Question 21

Transferring juveniles to criminal court is a new practice.

Question 22

All western nations have separate systems of justice for juveniles based on the understanding that juveniles are less mature than adults, and therefore are less culpable.

Question 23

The number of juvenile transfers in the U.S. has __________ in the past decade.

A) Steadily declined
B) Steadily increased
C) Rapidly declined
D) Rapidly increased

Question 24

Under statutory exclusion process, the prosecutor has the discretion regarding the court in which the case is filed.

Question 25

The ABA supports the assertion that adolescents are less morally culpable for their actions than competent adults, and are more capable of change and rehabilitation.

Question 26

From 1985 to 2002, the likelihood of waiver was greater for black youth than for white youth in which offense category:

A) Crimes against persons
B) Crimes against property
C) Drug crimes
D) All categories

Question 27

A juvenile charged with an excluded offense is therefore treated as an adult from the beginning of the judicial process.

Question 28

Prosecutorial transfer is subject to judicial review and is required to meet the due process requirements established in Kent.

Question 29

White youth are transferred to criminal court more than Black youth.

Question 30

There is evidence that criminal courts have given ______ sentences to waived juveniles than those young offenders would have received if they had been tried in juvenile court.

A) More severe
B) Comparable
C) Less severe
D) Harsher

Question 31

Proceedings are initiated in the juvenile court, but the court has no role other than to confirm that the statutory requirements for mandatory waiver are met.

Question 32

There is some evidence that juvenile transfers may be gaining popularity.

Question 33

Waiver decisions must comply with guidelines spelled out in the U.S. Supreme Court case of Breed v. Jones.

Question 34

According to Bishop and her associates1996), transfer resulted in ____ recidivism.

A) Increased long-term
B) Increased short-term
C) Decreased long-term
D) Decreased short-term

Question 35

"Once an adult, always an adult" provisions require criminal prosecution for all subsequent offenses committed by the juvenile.

Question 36

The statute referring to Prosecutorial Discretion is also referred to as direct file or concurrent jurisdiction.

Question 37

Juvenile transfer policies have disproportionately affected ________.

A) White youth
B) Black youth
C) Hispanic youth
D) All youth

Question 38

Research on the effects of juvenile transfer indicates that it may not reduce serious juvenile crimes.

Question 39

All states and the District of Columbia have laws that provide for criminal court prosecution of juveniles under certain circumstances.

Question 40

In considering a juvenile's petition for juvenile court jurisdiction, the criminal court must consider different criteria than is used by juvenile courts in transferring juveniles to criminal court.

Question 41

What is the purpose of a reverse waiver?

Question 42

Explain the difference between mandatory waiver and statutory exclusion.

Question 43

Explain reasons for the decline in the number of juvenile cases transferred to criminal court.

Question 44

Explain the criticisms of prosecutorial waiver.

Question 45

Describe 3 of the 7 reasons that youth deserve to be treated as less culpable.

Question 46

Explain why the number of cases waived by judges to criminal court has decreased since the 1990's.

Question 47

Describe the three main processes for transferring juveniles to criminal court.