One of the seminal issues in the study of Juvenile Delinquency today revolves around the question of “waiver”, or that of transferring a juvenile’s case to an adult court for trial. We have come a long way since the days when all juveniles were adjudicated in a juvenile court. But now, delinquent acts committed by juveniles have become so frequent and so heinous as to call for more serious punishment that can only be delivered by an adult court judge. I would ask you to briefly summarize the arguments both for and against waiver. I would then ask you to take a position on the issue of waiver. Where do you come down, and why? In so doing you may wish to examine how countries other than the United States are deal with waiver. With respect to the Death Penalty, for example, we here in the United Sates are very clearly in the minority of Western civilized nations: we’re for it, and most of them are against it. But how about with respect to waiver? How do other countries handle waiver? Are we taking an overly conservative position? Or has the frequency and heinous nature of criminal acts perpetrated by juveniles in this country required a tougher stance on waiver? Should the pendulum of the implementation of our juvenile justice system be leaning in the direction of trying to rehabilitate juvenile offenders? Or in the other direction: that is, speaking for the victims of juvenile crime?
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