ABSTRACT

The relationship between criminological research and the criminal law, and most importantly, the implications of the former on the latter, may be evidenced with respect to juvenile law. Juvenile justice reform, including transferring juveniles to adult court for criminal prosecution, has become increasingly important as research forecasts a new crisis of escalating rates of delinquency, and particularly, juvenile violence. The majority of eventual adult criminals can be addressed while they are juveniles; the arena of juvenile justice must be accorded greater primacy in the battle against crime. The juvenile codes in most states have traditionally specified that waiver hearings should determine the minor’s amenability to treatment within the juvenile system. Youths judged as lacking such amenability are to be remanded to criminal courts for processing. The political debate centers on what is the best mechanism to transfer youths to criminal court. Several studies have tested the amenability and public safety criteria and have identified some correlates of traditional judicial waiver.