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Reverse Waiver and the Effects of Legal, Statutory, and Secondary Legal Factors on Sentencing Outcomes for Juvenile Offenders

University of South Carolina, Columbia

Over the past few decades, various forms of waiver have become increasingly used at the state level. Generally, the research literature has focused on three types of waiver: judicial, prosecutorial, and legislative. Reverse waiver, a fourth type, remains little studied. Moreover, little is known of the factors that judges consider when making the decision to either sentence juvenile offenders as adults or sentence them as juveniles after they have been waived. This article is an attempt to shed some light on how factors unrelated to the instant offense, often the case with reverse waiver, may affect sentencing outcomes for waived offenders. Several important findings were revealed. First, judges are sentencing the most violent and serious offenders as adults. Second, secondary legal factors such as pending charges and prior placements influence the sentencing decision. Third, the amount of experience that judges have in handling waiver cases significantly influences the sentencing decision.

Key Words: juveniles • prosecutorial waiver • reverse waiver • sentencing decisions

Crime & Delinquency, Vol. 54, No. 1, 34-64 (2008)
DOI: 10.1177/0011128707306687


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