NCJ Number
96848
Journal
Juvenile and Family Court Journal Volume: 35 Issue: 3 Dated: (1984) Pages: 23-34
Date Published
1984
Length
12 pages
Annotation
This paper examines the discretionary practices of the prosecutor in terms of the critical decision to initiate certification proceedings against a child and reports on the actual use of certification in Utah.
Abstract
Personal interviews were conducted with 23 juvenile court personnel. Hard data on certification was obtained from juvenile court records. A vast majority of respondents supported the idea of certifying the violent juvenile and the habitual property offender. The Utah prosecutor is vested with the discretionary authority to either proceed with a motion to certify a particular youth or directly file a 'criminal information' into the district court in appropriate cases. The research identified other influential actors in the process who informally interact with the prosecutor in an advisory capacity and recommend particular juveniles as potential certification candidates. There was strong support among respondents for the premise that the prosecutors incorporate into their discretionary decisionmaking the philosophy and likely presdisposition of the juvenile court judge. Between 1967 and 1980, 132 certifications occurred. Only six cases of first degree murder, eight cases of second degree murder, and four cases of rape were included among those certified. Regarding disposition of juvenile cases in the adult judicial system, the 45 certifications from Utah's First District Juvenile Court were analyzed. Seventy-six percent were convicted in adult court; 24 percent had their case dismissed, suspended, or were found innocent. Fifty-three percent of those certified by Utah's First District Juvenile Court were not removed from society for any lengthy period. Twenty-two footnotes are included.