State v. Mann-Tate, 2024AP2585-CR (Wis. Ct. App. 2026)

The Wisconsin Court of Appeals found that the state’s reverse waiver statute was unconstitutional “to the extent it does not require circuit courts to consider the unique attributes of youth identified by the United States Supreme Court.” The court further stated in relevant part:

“The problem, then, is that WIS. STAT. § 970.032(2) does not require consideration of the impacts of the juvenile’s youth before determining whether the juvenile is tried as an adult. Without consideration of these characteristics of youth, children for whom the juvenile system is more appropriate may remain in the adult system because the three reverse waiver criteria do not require the court to consider information that is fundamental to determining whether a juvenile should remain in criminal court or be waived to juvenile court, including the juvenile’s capacity for reform and rehabilitation. Section 970.032(2), in its current form, violates due process because it does not provide a meaningful opportunity for a juvenile to prove that he or she is not one of the “rare and unfortunate cases” that warrant treating the juvenile as having the same culpability as an adult. See Graham, 560 U.S. at 109 (Thomas, J. dissenting).

In particular, the criterion of whether waiver would depreciate the seriousness of the offense fails to consider how the unique characteristics of youth impact the seriousness of any given offense. The Supreme Court decisions described above require courts to acknowledge that a youth who commits an offense is less culpable than an adult who commits the same offense. The reverse waiver procedure is rendered functionally meaningless if courts are not required to consider that children’s “‘lack of maturity and … underdeveloped sense of responsibility’” leads them to poor decision making. Roper, 543 U.S. at 569 (citation omitted). This concept is so fundamental that the Supreme Court described it as something “any parent knows[.]” Id.

. . . .

For the foregoing reasons, we conclude that the standard set forth in WIS. STAT. § 970.032(2) for determining whether reverse waiver is appropriate, is unconstitutional to the extent it does not require circuit courts to consider the unique attributes of youth identified by the United States Supreme Court. These attributes include: (1) the juvenile’s chronological age related to immaturity, impetuosity, and failure to appreciate risks and consequences; (2) the juvenile’s family and home environment that surrounds him or her; (3) the circumstances of the offense, including the extent of participation in the criminal conduct; (4) the impact of familiar and peer pressures; (5) the effect of the offender’s youth on his or her ability to navigate the criminal justice process; and (6) the possibility of rehabilitation. Miller, 567 U.S. at 477-78. These factors may take on more or less significance based on the juvenile offender’s chronological age, in recognition of the fact that not all juveniles are equally impacted by these unique attributes of youth. See J.D.B., 564 U.S. at 279-80.¶”