A juvenile who is accused of a serious crime can, in certain circumstances, be tried as an adult, in adult criminal court. The types of crimes involved in a waiver request are more serious crimes, such as aggravated sexual assault, aggravated assault or criminal homicide. Alternatively, the juvenile may be considered for waiver if there is a pattern of past offenses that leads to a conclusion that rehabilitation is unlikely. The state is concerned with protecting the interests of the public from further crimes by the juvenile. The defense must show that the probability of rehabilitation outweighs the reasons for the waiver.
Psychologists are essential in waiver hearings.
Since probable rehabilitation is a major issue, evidence must first be presented that connects the crime with an identifiable psychological disorder that can be treated. Psychological testimony is also important in establishing whether the prognosis for successful treatment is good or not. Determining the length of treatment needed to effect successful rehabilitation is also important, because it must be accomplished by the juvenile's 19th birthday. A psychological evaluation for a waiver hearing is similar to the assessment of juvenile offenders for sentencing or for probation. The psychologist reviews the particulars of the criminal allegations, the juvenile's past criminal record, the school record, any past psychological or substance abuse treatment, and the family situation, including the effectiveness of the family as a support system for the juvenile to remain out of trouble, and to follow through with treatment.