Services

Reverse Waiver Report

Scientific research shows key developmental differences between youth and adults that impact youth’s decision making, impulse control, and susceptibility to peer pressure. While these differences do not excuse youth from responsibility for their actions, the U.S. Supreme Court has repeatedly recognized that youth are less blameworthy than adults and more capable of change and rehabilitation. (Roper vs. Simmons, Miller vs. Alabama, J.D.B. v. North Carolina)

 In Wisconsin, everyone age 17 and older automatically is charged in adult court. The state is one of only three that require all 17-year-old defendants to be charged as adults.

State law also requires children as young as 10 to be charged as adults for certain serious crimes, at least to start the case. Those crimes include first-degree intentional homicide, first-degree reckless homicide and attempted first-degree intentional homicide.Lesser charges, such as attempted first-degree reckless homicide or attempted second-degree intentional homicide, start in juvenile court.

If a case starts in adult court it can be moved back into juvenile court through a process called a reverse waiver. A report prepared for the hearing is called a reverse waiver report. At the time of hearing the judge will consider the following factors:

  • A juvenile's maturity, mental illness or developmental disability and prior treatment history, and potential for responding to future treatment

  • The juvenile's prior record

  • The type and seriousness of the offense and if it was committed in "a violent, aggressive, premeditated or willful manner"

  • What treatment options and facilities are available to meet the needs of the juvenile and protect the public in both the adult and juvenile systems.

Besides offering information to the judge about these factors, a reverse waiver report also needs to provide proof that:

  • The juvenile cannot get adequate treatment in the adult system;

  • Moving the case to juvenile court would not "depreciate the seriousness of the offense;"

  • And staying in adult court is not necessary to deter other children from similar offenses.

Additional information about the reverse waiver process can be found through the United States Department of Justice - Office of Juvenile Justice and Delinquency Prevention.