Final Flashcards
(32 cards)
Blended/concurrent jurisdiction rights
Same rights as adult criminal court
“get-tough” response in 1980s and 1990s
legislative:
- lowering minimum age for transfer
- increasing # of excluded offenses
- giving prosecutors charging discretion
Common threads for transfer laws
- judicial waiver
- legislative offense exclusion
- prosecutorial direct file
What does waiver law attempt to do?
Reconcile the different impulses when a child is a criminal and a criminal is a child.
What is judicial waiver
Allows a juvie judge to waive jurisdiction at their discretion after a hearing
Judge’s considerations for judicial waiver hearing
- if kid is amendable
- determination of danger to public safety
- best interests of kid and public safety
What is legislative offense exclusion?
Emphasizes the seriousness of the offense and imposes jurisdictional limits on certain offenses
What is prosecutorial waiver or direct file?
Concurrent jurisdiction applied to some crimes/ages and prosecutors pick juvie or criminal
Results of Kent
Formalized waiver process and required some DP protections
Kent justification for adversarial waiver hearing
Factual dispute justifies a hearing
Kent holding
Loss of juvie protections by judicial waiver require
(1) an adversarial hearing
(2) assistance of counsel
(3) access to social investigations and records
(4) written findings that are available for appellate review
Who can submit evidence relevant to a waiver hearing?
Both the state and the kid
Bland holding on legislative exclusion & prosecutorial discretion
As long as prosecutor has PC, they can charge the kid in criminal court without Kent determination
Where does DP apply: judicial waiver, legislative exclusion, or prosecutorial direct file
Judicial waiver (Kent) by statute
Difference between legislative exclusion & concurrent/prosecutorial direct file
Legislative exclusion: if there’s PC for XYZ excluded crime, kid goes to criminal court
Concurrent/prosecutorial direct file: the prosecutor picks the forum
Transfer-back provision
Allowing a criminal court judge to either send a case back to juvie for sentencing or impose a youthful offender sentence instead of full-blown criminal sentence
Reverse-remand
If kid is charged with excludable offense and then convicting on a non-excluded offense, it can be sent back to juvie
Blended sentencing rights
Can be either juvie or adult disposition. Get all the criminal rights: right to bail and right to jury trial
When does transfer need to happen? Breed v. Jones
Pre-adjudication: double jeopardy applies to juvenile ct.
Does a kid have a Const. right to jury?
no, but it may be given
What notice is a kid entitled to?
Needs to explain charges and given to person ahead of time. Prosecutor can amended according to proof
Case that barred execution of kids
Roper v. Simmons
Kent holding on DP rights
Kids have DP rights in transfer hearings
Check on prosecutorial overcharging
Reverse-remand
