Relinquishment of Jurisdiction for Purposes of Criminal Prosecution of Juveniles

• NCJ Number: 87927
• Journal: Northern Kentucky Law Review Volume: 8 Dated: (1981) Pages: 377-393
• Author(s): J R Pierce
• Date Published: 1981
• Length: 17 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

Following an overview of requirements in a waiver hearing to transfer juveniles to the criminal court and procedural defenses available, this article details steps by which the waiver process is carried out in Kentucky and Ohio.

Abstract

The Supreme Court, in Kent v. United States, set out basic safeguards required by due process during a transfer hearing. The juvenile is entitled to a hearing when the juvenile court is considering waiver, and counsel must be given access to the juvenile's records. The juvenile is also entitled to a statement of reasons if jurisdiction is waived. The most heavily weighed factors in the waiver decision are usually the seriousness of the offense and the juvenile's past history. Also considered are the availability of services in and out of the court, the juvenile justice system's treatment facilities, and the community's safety. In view of these broad and somewhat subjective standards, it is critical that the court's order of transfer detail reasons for the action. The transfer decision may be attached on many grounds, including procedural defects, insufficient evidence, and irrelevant criteria. An additional concern is whether a transfer order is immediately appealable or is reviewable only upon appeal of a conviction in criminal court, with the solution depending on State law. In Kentucky, a waiver to criminal court is governed by section 208.170 of the Kentucky Revised Statutes. The State requires a formal hearing, which must consider whether there is probable cause to believe the alleged offense was committed and that the juvenile committed the offense, as well as a detailed transfer order. Transfer in Ohio is governed by Rule 30 of the Juvenile Rules and section 2151.26 of the Ohio Revised Code. In Ohio a hearing is required, but the court has considerable latitude in deciding whether the juvenile is amenable to treatment or is a risk to the community. The article contains 74 footnotes.