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NCJ Number: 148847 Find in a Library
Title: Recent Issues in Transfer of Juveniles to Trial as Adults
Journal: Journal of Juvenile Law  Volume:14  Dated:(1993)  Pages:106-117
Author(s): S Kalminov
Date Published: 1993
Page Count: 12
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: The Federal Juvenile Delinquency Act, 18 U.S.C. section 5032, is discussed.
Abstract: By enacting 18 U.S.C. section 5032, the legislature has taken the first steps towards channeling juvenile offenders out of the adult criminal justice system. This act outlines the prerequisites for the exercise of federal jurisdiction over juvenile defendants and the procedure for transfer of the defendants from the juvenile to the adult court system. When determining whether or not the transfer of the juvenile to adult status meets the "in the interest of justice" requirement, the court must consider and make findings with regard to numerous factors, including the age and social background of the juvenile; the nature of the alleged offense; the extent and nature of the juvenile's prior delinquency record; the juvenile's present intellectual development and psychological maturity; the nature of past treatment efforts and the juvenile's response to such efforts; and the availability of programs designed to treat the juvenile's behavioral problems. This note discusses recent cases decided by courts in various jurisdictions involving application of section 5032 as well as the application of a State statute equivalent to section 5032. The courts appear to be split on the standard of proof required of the government to prove its case for transfer. The author concludes that, to assure that all juveniles nationwide are treated equally, section 5032 must be modified to include a uniform standard of proof which the government must meet before uniform transfer of a juvenile to adult status can be effectuated. As long as different Federal districts apply substantially different standards of proof for the government, coordination of all delinquency activities of the Federal Government will not be achieved. Footnotes
Main Term(s): Juveniles
Index Term(s): Courts; Juvenile court waiver
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