Opinion
Waiver of Jurisdiction: A Juvenile’s Dilemma
What begins with a horrible
situation – learning the State is going
to prosecute your daughter or son in
juvenile court for her or his
involvement in an alleged offense – can
quickly morph into a parent’s
nightmare with this simple sentence:
“The State respectfully requests that
the Court waive its original jurisdiction
so the Respondent may be tried in
adult court.”
Simply put, the judge looks at all
the available evidence to decide
whether your child belongs in juvenile
court or in adult court. As a parent,
you may be wondering what makes a
waiver hearing so crucial for my child’s
future?
Juvenile vs. Adult Court:
The Maryland juvenile court is
based upon the rehabilitation model,
which assumes that children can
change, and those children’s mistakes
are a basis for learning to do the right
thing. In a related issue, similar to the
expression, “What happens in Vegas
stays in Vegas,” the rehabilitation
model permits the juvenile’s offense to
remain in a confidential juvenile record
not available to the public.
In contrast, the Maryland criminal
court is based upon the punishment
model, which assumes that adults
should know better, and that adults
have limited capacity to change
ingrained criminal behaviors. The view
is that adults who offend should be
punished for their harm against
society. Additionally, the punishment
model requires that adult criminal
records are available to the public.
Waiver Hearings and Your Child’s
Future:
If convicted in an adult criminal court,
an adult criminal record can hobble
your son or daughter’s early
employment opportunities
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and networks, acceptance into college,
military and government employment,
and credit record. The waiver hearing
to adult is a critical step in your son or
daughter’s case. Because of the severe
consequences on a young adult’s life,
the court makes this decision by
carefully examining all the factors
permitted in making this decision.
The judge must determine the
venue based on these five statutory
factors:
• Age of the child;
• Physical and mental condition
of the child;
• Amenability to treatment at
the juvenile court level;
• Nature of the offense and
degree of the child’s
participation in the offense;
and
• The public safety.
Which factor is supposed to be
more important in a judge’s decision?
Amenability of treatment at the
juvenile level is considered the most
critical factor for a judge in her
decision, according to Maryland case
law. Matter of Trader; State of
Maryland v. Richard Trader, at 17 (315
A.2d 528, 538).
In addition, the prosecution must
prove, by a preponderance of the
evidence, that the child is unfit for
rehabilitation. That means that the
judge must determine whether the
juvenile is more likely than not to be
helped with a rehabilitative program
implemented by the juvenile justice
system. In re: Randolph T., at 112
(437 A.2d 230, 238).
What if the crime your child is
charged with is a serious crime?
According to one Maryland case, the
judge cannot dismiss the child’s
amenability to rehabilitation because
the nature of the offense is extremely
grievous. Matter of Diane Johnson, at
712 (304 A.2d 859, 863). In this case,
the juvenile, who had never been in
trouble with the law, was directly
responsible for the vehicular
manslaughter of a child. The appellate
court ruled that the nature of the
offense, however grievous, cannot
dismiss the juvenile’s amenability to
rehabilitation. If the juvenile can be
rehabilitated, the weight of
rehabilitation can be given greater
weight than the weight of the nature of
the offense.
What Can I Do To Help My Child At
The Waiver Hearing?:
Though it is the prosecution’s job
to prove that your child is unfit for
rehabilitation, see In re: Ricky B., 43
Md. App. 645, 406 A.2d 690, your
child’s attorney must gather as much
evidence as possible demonstrating that
your child can and is willing to make
amends from their actions, and is able
and willing to learn from her or his
mistake.
Encourage your child to avoid
social activities such as late-night
parties); get good grades and maintain
good school attendance or make
improvements in school performance;
provide evidence of future goals, such
as college or trade school applications
or applications to take the GED; and a
provide a sincere apology letter to the
victim and to the judge written by your
child. This evidence will help
demonstrate to the court that your
child’s alleged involvement with the
crime pales in comparison to the
weight of evidence showing your child’s
amenability to rehabilitation.
The possibility of your daughter or
son’s juvenile charge being waived up
to adult charges and adult court is real.
As with any juvenile charges, an
attorney should represent your child.
But in the instance when the
prosecution requests that your child’s
case be transferred to adult court, be
certain to obtain representation with an
attorney who has experience with
juvenile court and the waiver process.
By Melissa Ngaruri
for HooverLaw© News