Vermont |
Lower Age: | 10 |
Upper Age: | 17 |
Discretionary Waiver | Vermont Stat., Tit. 33, Sec. 5506 |
Upon motion of the State's attorney, and following a hearing, the juvenile court may transfer jurisdiction over a child meeting age/offense criteria to a court of criminal jurisdiction, if it finds that (1) there is probable cause to believe the child committed the alleged offense and (2) "public safety and the interests of the community would not be served" by treating the child as a juvenile. The law specifies various factors that may be considered in making the transfer determination. The order granting or denying transfer is not immediately appealable. A transfer terminates the juvenile court's jurisdiction over all the delinquent acts alleged in the original delinquency petition. (However, if the transferred child was less than 16 at the time of the alleged offense and is convicted only of a lesser included offense that would not itself have justified the transfer, the conviction is treated as a delinquency adjudication and the juvenile court reacquires jurisdiction for purposes of disposition.) |
Offense Category | Minimum Age | Offense Detail |
Murder | 10 | Murder, manslaughter, or arson causing death. |
Person | 10 | Assault and robbery with a dangerous weapon or causing bodily injury, aggravated assault, kidnapping, maiming, sexual assault and aggravated sexual assault. |
Property | 10 | Burglary of sleeping apartments in nighttime. |
Direct File | Vermont Stat., Tit. 33, Sec. 5505 |
As long as the offense is not one of those excluded by statute (see Statutory Exclusion) and the child was at least 16 at the time of commission, the State's attorney may also file in juvenile court or criminal court. |
Offense Category | Minimum Age | Offense Detail |
Any Criminal | 16 | Any offense not subject to statutory exclusion. |
Statutory Exclusion | Vermont Stat., Tit. 33, Sec. 5502 |
Sec. 5506 |
A person alleged to have committed specified offenses after reaching the age of 14 "shall be subject to criminal proceedings as in cases commenced against adults," unless the case is transferred from adult to juvenile court. (See Reverse Waiver.) |
Offense Category | Minimum Age | Offense Detail |
Murder | 14 | Murder, manslaughter, or arson causing death. |
Person | 14 | Assault and robbery with a dangerous weapon or causing bodily injury, aggravated assault, kidnapping, maiming, sexual assault and aggravated sexual assault. |
Property | 14 | Burglary of sleeping apartments in nighttime. |
Reverse Waiver | Sec. 5506 Vermont Stat., Tit. 33, Sec. 5505 |
Any case against a child that is initially filed in adult criminal courtbecause it involves either a child of at least 16 (and thus subject to direct-file discretion) or a child of at least 14 accused of an excluded offensemay be transferred to juvenile court. (The law does not state any grounds for such a transfer, standards to be observed, or factors to be considered.) |
In addition, if a child tried as an adult was less than 16 at the time of the alleged offense and is convicted only of a lesser included offense (i.e., one that would not by itself have justified treatment as an adult), the conviction is treated as a delinquency adjudication and the juvenile court acquires jurisdiction for purposes of disposition. |