Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Chapter 8 Transfer to Adult Court

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Amenability Phase  Court must determine whether juvenile is amenable to rehabilitation through the juvenile court system

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Due Process Considerations in Probable Cause Phase  Essentially the same as standard juvenile hearing  No jury, closed hearing, right to transcript, right to counsel, Rules of Evidence, Exclusionary Rule apply  Essentially the same as standard juvenile hearing  No jury, closed hearing, right to transcript, right to counsel, Rules of Evidence, Exclusionary Rule apply

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Amenability Phase  Factors that favor transfer include: degree of harm, vulnerability of victim, relationship between defendant and victim, age, weapons, defendant’s record, results of prior interventions, maturity, intelligence, education

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Amenability Phase (continued)  Factors against transfer include: victim’s provocation or compliance, defendant not principal actor, clean record, small degree of harm, young age, low intelligence, emotional immaturity, no threat to public safety

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Court’s Statement  When courts decide to transfer juveniles, they must issue statements explaining the basis for their decisions and outlining compliance with statutes

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Youthful Offenders  Law applies where juveniles have committed acts too serious for juvenile court but not serious enough for adult court  The law allows courts to impose blended dispositions that aim for rehabilitation but carry the threat of punishment  Law applies where juveniles have committed acts too serious for juvenile court but not serious enough for adult court  The law allows courts to impose blended dispositions that aim for rehabilitation but carry the threat of punishment

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Youthful Offender Statutes  Criminal-exclusive—authorize adult court to impose juvenile or criminal sanctions  Criminal-inclusive—authorize adult court to impose juvenile and criminal sanctions; court stays adult sanction pending juvenile’s successful completion of juvenile sanction  Criminal-exclusive—authorize adult court to impose juvenile or criminal sanctions  Criminal-inclusive—authorize adult court to impose juvenile and criminal sanctions; court stays adult sanction pending juvenile’s successful completion of juvenile sanction

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Youthful Offender Statutes (continued)  Juvenile-exclusive—authorize juvenile court to impose either adult or juvenile sanction  Juvenile-inclusive—authorize juvenile court to impose juvenile and criminal sanctions; court stays criminal sanction pending juvenile’s successful completion of juvenile sanction  Juvenile-exclusive—authorize juvenile court to impose either adult or juvenile sanction  Juvenile-inclusive—authorize juvenile court to impose juvenile and criminal sanctions; court stays criminal sanction pending juvenile’s successful completion of juvenile sanction

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Youthful Offender Statutes (continued)  Juvenile-contiguous statutes allow juvenile courts to impose dispositions that go beyond normal juvenile parameters  No state has adopted this approach  Juvenile-contiguous statutes allow juvenile courts to impose dispositions that go beyond normal juvenile parameters  No state has adopted this approach

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Due Process at Youthful Offender Hearings  Juveniles get full constitutional rights because of possibility of criminal sentence: grand jury indictment, speedy trial, bail, counsel, jury, Rules of Evidence and Criminal Procedure