NCJ Number
145133
Journal
Juvenile and Family Court Journal Volume: 44 Issue: 3 Dated: (1993) Pages: 61-71
Date Published
1993
Length
11 pages
Annotation
Certification of juvenile delinquents to the adult system should be reserved for rare cases in which the juvenile can be declared not amenable.
Abstract
Transfer is not a common occurrence; the results of a study suggested 2 percent. Among such cases, the most common offense is burglary; violent offenses such as murder, rape, and assault account for only a little more than 30 percent. The issue is of prime importance to the accused because conviction within the adult system has much harsher consequences than does conviction within the juvenile system. Stiffer penalties are exactly why public demand has increased for juvenile delinquents to be treated as adults, particularly for major offenses. Juvenile courts tend to seek other alternatives, and to consider factors besides severity of offense. A case is cited in which a juvenile's straight confession of murder and demonstrated remorse were taken into consideration. Grounds for certification differ among States, but in almost all States, amenability is the primary consideration. Several factors that may constitute nonamenability: a lack of juvenile rehabilitative facilities, insufficient time remaining as a juvenile, a psychiatric history or past record of violence, irresponsible behavior, running from juvenile institutions, instability of living arrangements, an unacceptable value system or self-concept, and association with gangs. 79 endnotes