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Abstract

The sharp increase in violent juvenile crimes from 1988 to 1994 compelled Michigan and almost every other state in the United States to create harsher laws to make it easier to transfer violent juvenile offenders to the adult criminal court. Michigan’s resolution arrived with the passing of Michigan Compiled Law (MCL) 712A.2d, via Public Act 288 of 1996, which abolished the age limit for juveniles to be waived to criminal court for felony crimes. Since MCL 712A.2d was passed, violent juvenile crimes and the number of juveniles transferred to criminal court have markedly decreased. However, does MCL 712A.2d deter juveniles from committing felony crimes? Is MCL 712A.2d compatible with the rehabilitative goals of juvenile justice? This paper analyzes relevant research to examine the history, procedures, and outcomes of the Michigan Juvenile Waiver Law which leads to the conclusion that MCL 712A.2d is not an effective deterrent and that this law is not compatible with the rehabilitative goals of the juvenile justice system. This conclusion leads to the recommendation for Michigan to repeal MCL 712A.2d.

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