Juvenile Courts

Please respond to the following:

• From the e-Activity, choose two (2) types of trial waivers that are currently used in your state’s juvenile court system. Compare the differences and similarities in the method(s) in which the court uses such waivers. Justify your response.
• From the e-Activity, suppose a thirteen (13) year old individual previously charged with repeated shoplifting offenses is now facing stiffer sentencing. Given this individual’s history, debate whether or not you believe he / she can contest any of the waivers that your state juvenile court may use. Provide a rationale for your response.

In my state of Georgia there is the Statutory Exclusion and Concurrent Jurisdiction Waiver. The statutory exclusion is a provision in law that excludes offenses such a first-degree murder from the juvenile court district. This means that if a juvenile is to commit a first-degree murder in the state of Georgia than he will be tried in adult court where he may be permitted a trial jury. Concurrent Jurisdiction is a legal provision that allows the prosecutor to file a juvenile case in both juvenile and adult courts. This is normally done if the offense and the age of the accused meet a certain criteria. There is not much similarity in the two. The only similarity is that each case can be seen in adult court. The difference is that the concurrent jurisdiction waiver not only allows the case to be seen in both adult and juvenile courts, but the case can be seen in both courts concurrently.
Although courts do consider criminal history, I believe that if the history consists of mostly misdemeanors then the juvenile may be able to contest to being waived up to an adult court. In most cases juveniles are waived up to adult courts for committing a felony, or if they will be receiving a severe sentencing. In a shoplifting case it is considered a misdemeanor in Georgia if the value of the items stolen are equal to or less than $300. If the items are more than $300 then this shoplifting becomes a felony. I still believe that if a juvenile is charged with a shoplifting felony, his case will most likely be seen in a juvenile court. I say this because even though it is a felony, the sentencing will not be too severe to the point that it must be adjudicated in an adult court. Therefore, I personally believe that a juvenile has a strong chance of contesting to be waived up to an adult court whether he is charge is misdemeanor shoplifting or felony shoplifting

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