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Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Chapter 8 Transfer to Adult Court
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Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Amenability Phase Court must determine whether juvenile is amenable to rehabilitation through the juvenile court system
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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
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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
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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
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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
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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
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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
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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
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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
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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
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