* Children who have been direct filed should be entitled to a pre-adjudication reverse waiver hearing
, i.e., a judicial review hearing as to whether the child should be prosecuted in adult court or transferred back to juvenile court (as most states have).
Richard Lugar, R-Ind., arranged a waiver hearing
, and U.S.
(1) A psychiatrist, psychologist, or certified social worker who conducts a court-ordered examination for the purpose of a waiver hearing may not testify at a subsequent criminal proceeding involving the juvenile without the juvenile's written consent.
[section] 15- 11-30.2(e) (2011) (prohibits using statements made by juvenile in transfer proceedings in later criminal proceedings over the juvenile's objection); IOWA CODE [section] 232.45(11)(b) (2010) (statements made during intake or waiver hearing are inadmissible in case-in-chief in subsequent criminal proceedings over child's objections); LA.
Some courts, however, have taken the position that the rules of evidence generally employed in that state strictly apply in a judicial waiver hearing. (266) In State v.
541, 561-63 (1966) (holding that a juvenile may not be transferred from juvenile to adult court without a waiver hearing and juvenile has a right to an attorney at that hearing).
These youths were between 16 and 18 years old at the time of their waiver hearing
. About half the youths had the following characteristics mentioned during their hearing: below-average IQ, addiction to some substance, DSM diagnosis (The Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition) of oppositional defiant disorder or conduct disorder, and drug offense.
In an unusual move, the trial court judge appointed a guardian ad litem to represent the interests of the unborn fetus and permitted the guardian to cross-examine the minor at the waiver hearing
. (7) The guardian ad litem questioned the minor about her familiarity with certain Bible scriptures and asked whether she was aware that, by choosing abortion, she would be "snuffing out" the life of her own child.
Differences in judicial philosophies, the location of a waiver hearing
, a youth's race, or organizational politics may explain as much about transfer decisions as do a youth's offense or personal characteristics.
He said it was not made a requirement because circuit judges told the Bar that the waiver hearing
requirement in current Bar contingency fee rules is mostly perfunctory and a poor use of judicial time.
"I don't see it as a huge surprise based on the evidence that came out at the waiver hearing
," said Gregory Hazarabedian, Perkins' court-appointed attorney.
Two United States Supreme Court cases provide the constitutional framework for making the individualized sentencing decisions involved in judicial waiver hearings
. In Kent v.