Generally, a prosecutor seeking a waiver to criminal court must make the case for waiver by "a preponderance of the evidence." In six States, however, a higher burden is specified: proof by "clear and convincing evidence" that waiver is justified. Under certain circumstances, the laws of four States impose the "clear and convincing evidence" burden on the juvenile who opposes waiver or seeks a transfer from criminal to juvenile court.

Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions	December 1998