Discretionary waiver describes a case by case analysis by which the burden of proof lies with the prosecution. Mandatory waiver requires that the individual meet a certain age or offense criteria. The only requirement of a mandatory waiver in a juvenile court proceeding is the confirmation that the requirements have been met. Presumptive waiver lies the burden of proof with the juvenile rather than the state. If a juvenile meets the age, offense and other statutory criteria for transfer, the juvenile must prove why the case should remain in juvenile court.
Some states take into account the juvenile's offense history when making waiver decisions.
Enables a juvenile who is prosecuted as an adult in criminal court to petition the case to be transferred back to juvenile court for adjudication or disposition. Thus providing the option to receive juvenile sanctions that are not normally available in criminal court. It specifies that the juvenile can no longer be brought before the juvenile court for any violation or offense. These five mechanisms are utilized very differently from state to state. In this section, the juvenile transfer options will be explored for the states of New Mexico, Texas, California, Nevada and Arizona.