Juvenile Waiver Essay Example

Assistant District Attorney's Decision

Due to the rising instances of young offenders and the fact that offenders are getting younger as time moves on, I request a certification hearing of Shatiek's case. Basing on my request, waiver hearing should be taken into consideration due to the following facts. One of the baseline for my request is that the juvenile has been charged with murder which is one of the most serious offenses demanding adult court hearing. Another fact is that the accused person has a lengthy and repeated murder convictions. Among the previous records of murder that the accused holds is shooting and killing a rival member of the Bloods, homicide whereby he shot and wounded one of the undercover detectives, the accused has as well involved himself in a gang that beat to death one of the homeless man over $10, the offender as well is a member of a drug controlling group by the name Wolf pack that deals with illegal drug controls in the state, finally, possessing an armament for purposes of criminal use grants the accused direct chances for a waiver into adult court hearing (Bang et al., 2016).

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To add on my argument, the earlier rehabilitation work to the juvenile has been rendered unsuccessful since the suspect has once been detained in a youth detention centre to serve a one year sentence, lucky enough to him, he was released after six months but he embarked on his criminal acts. The above evidences are pivotal for the case to be rendered a waiver hearing (Bang et al., 2016).

Defence counsel Opinions

Shatiek Johnson should be arraigned in a juvenile court since his age of 15 years justifies him as a minor. I can comment that Shatiek Johnson has the ability of forming informed decisions since in his defence, he accidentally happened to have murdered the rival boy by doing so, such a situation renders the case a juvenile delinquency. Moreover, since the Blood had decided to put a contract in his life, Shatiek Johnson lived a life of fear and suspicion, as such, when he was confronted by the two undercover officers, he had no other option other than to engage in a shootout which in the long run, it happened that he wounded one of the officers. Back in his mind, Shatiek Johnson did not know that he was engaging undercover detectives, he thought they were members of the Blood gang who are send to collect the bounty put on his life. Finally, the young boy was raised with his mother in harsh housing projects which in the long run, he lacked proper parental care thereby being exposed into criminal life. As such, the case becomes a juvenile dependency (Ray, 2017).

Juvenile court Judge's Decision

Basing on the hearing from the two sides; the assistant district attorney and the defence counsel the court therefore is with no reasonable doubt transfer Shatiek Johnson's for a waiver hearing since; the suspect is charged with serious offense which include; murder, drug dealing and shootouts. Moreover, the federal law under the Federal Juvenile Law-breaking Code, the last paragraph of the U.S.A Attorney's manual provides that a minor will be transferred to a district adult court if the minor is at least 15 years and has committed a number of enumerated transferable cases. Therefore, Shatiek Johnson's case is transferred to be heard from the adult court (Smith, 2017).

References

Bang, B. L., Posey, B., & Hemmens, C. (2016). Juvenile waiver 2014: A review of state statutes. Juvenile and Family Court Journal, 67(2), 5-48.

Ray, J. V. (2017). Juvenile diversion. The Encyclopedia of Corrections, 1-4.

Smith, K. W. (2017). KWSnet United States Federal Law Index.