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Standard Relating to Transfer Between Courts

NCJ Number
Date Published
January 1980
70 pages
This volume of American Bar Association juvenile justice standards addresses waiver, the process by which the juvenile court releases certain juveniles from its jurisdiction and transfers them to the criminal courts.
The standards prefer the retention of the juvenile court's jurisdiction over most persons undr 18 years-old, unless every one of many conditions is present. The standards indicate that the juvenile court should waive its jurisdiction only upon finding that probable cause exists to believe that the juvenile had committed the class one or class two juvenile offense alleged in the petition and that by clear and convincing evidence the juvenile is not a proper person to be handled by the juvenile court. A finding that a juvenile is not a proper person to be handled by the juvenile court must include determinations, by clear and convincing evidence, of (1) the seriousness of the alleged class one or class two juvenile offense; (2) a prior record of adjudicated delinquency involving the infliction or threat of significant bodily injury, if the juvenile is alleged to have committed a class two juvenile offense; (3) the likely inefficacy of the dispositions available to the juvenile court as demonstrated by previous dispositions of the juvenile; and (4) the appropriateness of the services and dispositional alternatives available in the criminal justice system for dealing with the juvenile's problems and whether they are available. A bibliography of 142 listings is provided.

Date Published: January 1, 1980