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Examining the Influence of Matza's Principles of Justice and Their Impact on Reverse Waiver Decisions

Has Kadi-(In)justice Survived?

University of South Carolina, burrowj{at}gwm.sc.edu

During the last decade, a number of studies have presented a mixed picture regarding the efficacy of transfer to adult court. A focus on legal and secondary legal factors have shed a considerable amount of light on transfer decisions; however, little is known about the factors that judges consider when they use reverse waiver to keep offenders under juvenile court jurisdiction. Using a sample of 530 offenders who were transferred to adult court (direct file), this study uses Matza's principles of justice as a framework for understanding the sentencing decisions of judges who use their sentencing power to reverse waive offenders back to juvenile court. Findings suggest that extralegal factors such as offense location and personal characteristics of judges may play an important role in the decision-making process.

Key Words: waiver • Matza • principles of justice • extralegal factors • reverse waiver • sentencing outcomes

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