February 8, 2016
Steward-Lindsey, S. (2006). Fulfilling the Promise of Kent: Fixing the Texas Juvenile Waiver Statute. American Journal Of Criminal Law, 34(1): 109-126.
This text summary is a through review of the Texas statutory scheme governing the waiver of juveniles who are being tried as adults. It provides a brief history of the juvenile justice system, focusing on the decision of the U.S. Supreme in the case of Kent v. U.S. The Texas juvenile scheme has been applied and discuss in case law, and it is defined by statue. Article states the apparent issues within the Texas waiver statue application, and suggest a course of action to make sure the intent of the case decision …show more content…
Over the past decades, many states have tried making this process easier by changing their transfer statutes. Doing so, certain offenses have been excluded form the jurisdiction of the juvenile court and placed into coexisting jurisdiction provisions to their existing waiver statues. Direct filing statues allow prosecutors the unreviewable discretion to charge specific juveniles in either criminal or juvenile court.
Menihan, C. J. (2014). Criminal Mind or Inculpable Adolescence? A Glimpse at the History, Failures, and Required Changes of the American Juvenile Correction System. Pace Law Review, 35(2): 772-784.
This article gives a historical analysis of the understandings, and principles and laws that have created and altered the American juvenile correction system. The first part provides a historical synopsis of the societal understanding that juvenile offenders, compared to the adult offer counterparts, are less culpable. This offers an explanation to the process of which the concept came about to permeate early American common law. Brown, J. M., & Sorensen, J. R. (2014). Legal and Extra-Legal Factors Related to the Imposition of Blended Sentences. Criminal Justice Policy Review, 25(2), 227-241.