Monday, June 8, 2009

Assembly line juvenile waivers are unjust

The Houston Chronicle reports that Houston waived 162 youth
between 14-17 years old in a one year period. Nine other counties
combined including Bexar (San Antonio), Tarrant (Fort Worth)
and Dallas waived 143 in comparison.

Before certifying a child, juvenile judges are supposed to hold a
hearing and review evidence about the seriousness and nature
of the offense, a child’s maturity and background, the likelihood
of rehabilitation and the need for protection for the community,
according to state law.

Some juveniles have been certified for property crimes,
like car theft, or drug charges, a review of recent cases
and statistics showed .

A 16-year-old special education student currently faces a potential

sentence of life without parole for capital murder, though some

witnesses described the crime as an accident. The boy, who had

no criminal history, attacked his older brother with a kitchen

knife for threatening a stray cat. During the struggle in their

crowded apartment, the boys’ 2-year-old nephew received

a single, but fatal wound, court records show. The teen was

certified as an adult, though psychiatric evaluations said he

functions at a third- to fifth-grade level.

Another recent case involved a 15-year-old found with drugs

at school. The boy, whose father is dead and mother abandoned

him, has been raised by an ailing aunt.


Waivers should be reserved for cases where there is no hope

of rehabilitation; this article leads one to believe that there

is a different criteria used in Houston and its fairness is

being called into question.

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