Reverse Waiver
Wis. Stat. § 938.183

The juvenile bears the burden of proof in reverse waiver proceedings.

  • State v. Verhagen, 198 Wis. 2d 177 (Ct. App. 1995)

The trial court can balance the treatment available in the juvenile system and the adult system and the court must determine whether which treatment will better benefit the juvenile.

  • State v. Dominic E.W., 218 Wis. 2d 52 (Ct. App. 1998)

A juvenile must be given reasonable latitude to offer admissible evidence to satisfy his or her burden on the three elements, including evidence about the offense. The juvenile may not offer evidence at the hearing for the purpose of contradicting the offense charged. Hearsay is prohibited in a reverse waiver proceeding.

  • State v. Kleser, 2010 WI 88