Criminal Law Discussion - Burt, a sixteen-year-old, consumes

Criminal Law, University of Minnesota Libraries Publishing edition, 2015

Discussion Topic:

Burt, a sixteen-year-old, consumes alcohol for the first time at a party. Unaware of alcohol’s effect, Burt drinks too much, attempts to walk home, and is cited for being drunk in public. In Burt’s state, the juvenile court has concurrent jurisdiction over minors ages seventeen and under, with a waiver to adult court available at the judge’s discretion. Burt has not broken any laws before. Based on this scenario, answer the following questions:

1. Is it likely that the judge will waive juvenile court jurisdiction in this case and allow the adult criminal prosecution of Burt?

2. Why or why not?

3. In your opinion, should Burt's case be handled in juvenile or adult court?

4. Why or why not?