Automatic Waiver Law in Michigan

"In deciding whether to renounce the juvenile before the court having general criminal jurisdiction, the court may also take into account any provision of the defence in order to determine that the best interests of the minor and the public support a waiver." MCR 3.950(D)(2)(e). If the application is granted, the minor, like any other adult, will be transferred to the criminal court of general jurisdiction as part of the ordinary procedure. RCM 3,950(E). If the application is rejected, the minor remains in the service of the family for the continuation of the criminal proceedings for minors. MCR 3,950 (F). On October 1, 2021, the "Raise The Age" bill signed by Governor Gretchen Whitmer in 2019 came into force. Prior to the effective date, anyone 17 years of age or older could be arrested for a crime, placed in the district jail and brought before the district court to be automatically tried as an adult. Now, the age has been raised to 18 or older before an adult criminal court is mandatory. "If a child under the age of 18 is arrested with or without an arrest warrant, the child shall be brought immediately before the Family Division of the district court of the county where the crime is alleged to have been committed, and the arresting officer shall immediately file and file or arrange for it to be made and file an application for juvenile delinquency against the child." MCL 764.27.

If a minor is accused of having committed a crime, the prosecutor may ask the family division of the district court to relinquish its jurisdiction so that the case can proceed like a traditional adult criminal trial. Whether a waiver is requested is entirely up to the prosecutor. But just because they ask for it doesn`t mean they`re going to get it. There is a two-step process that the court must follow before it can agree to relinquish jurisdiction. First, the court must hold a "probable cause hearing" (or the minor may waive it). At such a hearing, the court must determine whether there is probable reason to believe that the minor has committed the alleged crime. Assuming this step is completed, the second step is the "hearing in the best interest." At this hearing, the court must determine whether, as the name suggests, it is in the best interests of the minor and the public for the court to relinquish its jurisdiction and allow the case to be continued as a traditional adult criminal procedure. This is usually the most important step in the traditional renunciation process. The court must consider several factors, including the seriousness of the alleged crime and the background of the minor. If the court refuses to relinquish jurisdiction, the case remains in the hands of the family service. If the court relinquishes jurisdiction, the minor may be brought to justice as an adult. Significantly, this means that if the minor is found guilty, he or she can be sentenced as an adult.

If a minor is accused of a crime that cannot be the subject of an automatic renunciation procedure, the prosecutor or the court may request that the minor be tried in a particular case. A designated proceeding is "a proceeding in which the prosecutor has designated the case to be tried by the [Family Division] in the same manner as an adult or has requested the [Family Division] to decide it". MCR 3.903(A)(6). The designated procedure "is a criminal procedure and must provide for all the procedural guarantees to which the minor would be entitled if he were to be charged for the offence before a court of general criminal jurisdiction". MCL 712A.2d(7). An admission of guilt, no plea or a guilty verdict by a judge or jury results in the registration of an adult sentence that has the same effect and responsibility as if it had been obtained in adult criminal court. This means that the minor could be sentenced to a state prison as an adult convicted of the same crime. There are 2 phases of a waiver hearing. The first hearing is to determine the probable cause, whether the crime took place or not, whether the defendant committed the crime, and whether the crime is considered a crime if it is committed by an adult.

See RCM 3.950(D)(1). If probable cause is determined, a second hearing is held to determine whether it is in the interest of the minor and the public to authorize the waiver. See MCR 3.950(D)(2). There are certain factors that a judge will consider in this decision, but they give the greatest weight to the seriousness of the alleged crime and the background of the person. Other factors include: if a minor is said to have committed a "particular minor offence", the prosecutor may decide to bring him or her to justice as an adult. Some juvenile offences are some very serious crimes, such as murder, first-degree criminal sexual behaviour and first-degree home invasion. Unlike a traditional waiver, the court cannot override the appointment of the prosecutor. But unlike a traditional waiver, the case remains in the hands of the family division of the district court. This means that if the minor is found guilty either by a plea or after a trial, the court has the option of introducing a juvenile injunction instead of a conviction.

A request by the prosecutor requesting the Family Division to waive its jurisdiction before a court of general criminal jurisdiction over the minor "must be submitted within 14 days of the approval of the application". RCM 3,950(C)(1). "If no application is made in a timely manner and no valid reason is proved, the minor is no longer subject to the waiver of jurisdiction over the charge." Id. The traditional waiver hearing consists of two phases. If a minor is 14 years of age or older and has allegedly committed a particular minor offence, the prosecutor may decide to completely circumvent the family division and file the case in the district court, as any adult criminal case would begin. By filing a complaint with the District Court, the minor was therefore automatically charged as an adult. Nevertheless, in the case of certain offences, the court reserves the right to convict the minor as a minor and not as an adult. Finally, if the minor is accused of having committed a crime, the prosecutor may ask the court to relinquish its jurisdiction and transfer the case to an adult court. This is called a traditional waiver. If the court rejects the application and the child is found guilty, it may issue a conviction or order for minors. .