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NCJRS Abstract

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NCJ Number: 148852 Find in a Library
Title: Case Notes: Waiver and Transfer of Juvenile Court Jurisdiction - State v. Superior Court, 170 Ariz. 339, 823 P.2d 1347 (Ariz. Ct. App. 1991)
Journal: Journal of Juvenile Law  Volume:14  Dated:(1993)  Pages:224-226
Author(s): M G Raab
Date Published: 1993
Page Count: 3
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: A case involving the transfer of a juvenile for criminal proceedings as an adult is discussed.
Abstract: In this case, the State of Arizona brought a special action challenging the juvenile court's refusal to transfer a juvenile for prosecution as an adult. The court of appeals first considered whether a juvenile court must transfer a juvenile for criminal prosecution as an adult when the state and the juvenile have stipulated, as part of a plea agreement, that such a transfer should occur. The court, noting that under Arizona's Constitution, once the juvenile court has jurisdiction, the decision to transfer results solely within the discretion of the juvenile court. This discretion cannot be circumvented, even when the parties involved have stipulated otherwise. Under Arizona law, the juvenile court has exclusive jurisdiction over the minor until the court finds that the juvenile will not benefit from its special treatment or that public safety or other interests dictate that a transfer is warranted. The court determined that, after a review of all the evidence and testimony, the court was not in the best position to second- guess difficult discretionary decisions of the trial court. The juvenile court is bound, independent of the parties, to reach decisions in the best interest of the juvenile and the State. Footnotes
Main Term(s): Juveniles
Index Term(s): Courts; Juvenile court waiver
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