NCJ Number
93040
Date Published
1982
Length
37 pages
Annotation
The Missouri Juvenile Justice Review Committee believes the State should retain the option to transfer youths to the adult system, but recommends legislative revisions to provide a more consistent and uniform approach to the certification process.
Abstract
Current certification processes are guided by State statute, Supreme Court rules, and case law precedents. In addition, judicial circuits have developed local policies and practices which probably vary significantly depending on several variables including statute and rule interpretation, resources available for violent or chronic offenders, community pressure, and the court's philosophy. The Committee examined the transfer or certification process by reviewing current statutes and rules, other State laws, model codes, and case law decisions. It also surveyed the State's 44 judicial circuits, finding that the vast majority of those being certified were 16 years and older. However, while 55.4 percent of certified youth were waived for homicide, manslaughter, or Class A felonies, a majority of the circuits also certified youth for less serious felony offenses. A review of the options available to address problems in the certification process recommends adjustments to the current system that clarify and define certain aspects of these procedures. These suggestions focus on the following areas: age and offense bases for transfer; automatic transfer for 17-year old youths under continuing jurisdiction; age misrepresentation; notice of the transfer hearing; role of the prosecutor; criteria for the court's consideration; the order to dismiss; once certified, forever certified; and juvenile court case retention. The report discusses the underlying rationales and accomplishments of each recommendation. The survey questionnaire, a list of committee members, and an executive summary are supplied.