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Concurrent Jurisdiction

Some states also have a legal provision which allows the prosecutor to file a juvenile case in both juvenile and adult court because the offense and the age of the accused meet certain criteria. Prosecutorial transfer does not have to meet the due process requirement stipulated by Kent v. U.S. Approximately 15 states currently have this provision, although this number is expected to increase in the next few years.

The most important case guiding juvenile waiver is Breed v. Jones (1975). This case designates that a juvenile cannot be adjudicated in a juvenile court then be waived and tried in an adult court. To do so is to try the youth twice for the same crime (double jeopardy), which violates the Fifth Amendment. However, in reality, this case did not have much impact on the juvenile system since juveniles are now subject to a waiver hearing which appears to be similar to a trial except in outcome.

Inside Concurrent Jurisdiction