Legal Question in Criminal Law in New Jersey

appelic division

i would like some information on a ruling on R C (waving juveniles to adults) that is now in the supereme court. I don't know what this is could you please help


Asked on 3/25/03, 1:25 pm

2 Answers from Attorneys

Durrell Ciccia Durrell Wachtler Ciccia, Esq.

Re: appelic division

waiver is a proceeding by which a minor may be transferred from Juvenile court to the adult Criminal court. the decision is located at:

http://lawlibrary.rutgers.edu/decisions/appellate/a6156-00.opn.html

Read more
Answered on 3/25/03, 3:01 pm
Deborah Frankel Deborah Frankel

Re: appelic division

You state in your question that RC refers to waiving juveniles to adults. What does RC stand for? Here is what I found preliminarily, and I hope this helps you.

_________________________

Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in Every State, 1997

http://ojjdp.ncjrs.org/pubs/tryingjuvasadult/table7.html

Special Transfer Treatment Based on Prior Record

Transfer statutes in 25 States single out juveniles with specified prior offense histories for adverse treatment. Of course, a sufficiently serious record of past involvement with the law would often be relevant to a waiver determination, and in fact this is one factor for consideration suggested in the U.S. Supreme Court’s Kent decision (see Transfer Criteria). However, 25 States go further than this, either by defining a direct file or statutory exclusion category to include juveniles with previous delinquency adjudications or by requiring less of a showing for the waiver of juveniles with specified delinquency histories.

http://ojjdp.ncjrs.org/pubs/tryingjuvasadult/analyses4.html

See also pertinent article at: http://www.ojp.usdoj.gov/bjs/pub/ascii/pjjr.txt

Read more
Answered on 3/26/03, 6:48 am


Related Questions & Answers

More Criminal Law questions and answers in New Jersey