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A Criminal Justice or A Child's Injustice? Trends in the Waiver of Juvenile Court Jurisdiction and the Flaws in the Arizona Response

Abstract

In response to the perceived juvenile crime epidemic, the Arizona Legislature jumped on the national bandwagon by imposing stricter laws to combat juvenile crime and severely punish serious and violent young offenders. The strategy of choice is to exclude from the juvenile court system those young offenders charged with certain legislatively defined criteria; this process is called legislative waiver. This Note explores the inherent flaws with the Arizona legislative waiver statute, commonly referred to as Proposition 102, and suggests the need for an alternative waiver approach that incorporates a discretionary and individualized assessment of juveniles.

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41 Ariz. L. Rev. 193 (1999)

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Authors

Brenda Gordon (University of Arizona)

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