MCOLES State Licensing Practice Exam

In juvenile justice, what is the term for the legal process that determines if a juvenile should be tried as an adult?

1. Crossover Process

2. Transfer Hearing

3. Waiver Hearing

4. Judicial Review

The correct answer is: Waiver Hearing

In juvenile justice, the correct term for the legal process that determines if a juvenile should be tried as an adult is known as a waiver hearing. This hearing allows the court to assess various factors such as the juvenile's age, the severity of the offense, and the juvenile's prior criminal history to decide whether the case should remain in juvenile court or be transferred to adult court. The decision made during this hearing is significant, as being tried as an adult typically results in harsher penalties and a different approach to rehabilitation. Crossover process refers to situations where a juvenile who is in the child welfare system moves into the juvenile justice system, whereas judicial review pertains to higher courts reviewing a lower court's decision, not specifically the transfer of a juvenile's case. Transfer hearing can be a term used interchangeably with waiver hearing in some contexts, but the more precise term in the context of determining whether a juvenile should be tried as an adult is waiver hearing. Therefore, recognizing the specific terminology is crucial in understanding juvenile legal processes.