NCJ Number
138228
Journal
Journal of Juvenile Law Volume: 10 Issue: 2 Dated: (1989) Pages: 193-220
Date Published
1989
Length
14 pages
Annotation
This analysis of the laws and judicial decisions regarding the extradition of juveniles in California and other States concludes that current State laws are inadequate and confusing in their application and that law reforms are needed.
Abstract
Judicial decisions in cases involving the extradition of juveniles have generally granted extradition regardless of whether the State's rendition was based on the Interstate Compact on Juveniles or the Uniform Criminal Extradition Act. This trend is in accord with the strong presumption in favor of extradition. However, the litigation has not determined whether a juvenile not judged delinquent and, therefore, not subject to extradition under the Interstate Compact can constitutionally be extradited under an adult extradition statute while under the jurisdiction of a juvenile court and, therefore, not give the full procedural rights of the adult criminal. The United States Supreme Court decisions in the Gault and Kent cases did not specifically address the issue of extradition, but it is unlikely that either case intended for the current situation to exist. Therefore, a Supreme Court determination is needed to determine whether laws such as those in California comply with the Constitution's requirements for due process and equal protection. Reform is also needed to clarify the applicability of the Uniform Compact on Juveniles and the Uniform Criminal Extradition Act to juveniles. Footnotes