Order Code RL30822
CRS Report for Congress
Received through the CRS Web
Juvenile Delinquents and Federal Criminal Law:
The Federal Juvenile Delinquency Act
and Related Matters
Updated October 25, 2004
Charles Doyle
Senior Specialist
American Law Division
Congressional Research Service ˜ The Library of Congress

Juvenile Delinquents and Federal Criminal Law: The
Federal Juvenile Delinquency Act and Related Matters
Summary
Juvenile offenders of federal criminal law are primarily the responsibility of
state juvenile court authorities. The Federal Juvenile Delinquency Act permits
federal delinquency proceedings where state courts cannot or will not accept
jurisdiction. In the more serious of these cases, the juvenile offender may be
transferred for trial as an adult in federal court.
The Act applies to those charged before the age of 21 with a breach of federal
criminal law occurring before they reached the age of 18. Given the law enforcement
predominance of state officials and the fact that a violation of federal law will
ordinarily support the assertion of state juvenile court jurisdiction, most such
offenders never come in contact with federal authorities. Many of those who do are
returned to state officials to be processed through the state court system.
The United States Attorney, however, may elect federal proceedings if the state
courts are unwilling or unable to assume jurisdiction, or the state has no adequate
treatment plans, or the juvenile is charged with a crime of violence or with drug
trafficking. A juvenile may be transferred for trial as adult only at his or her
insistence or pursuant to a court transfer of a juvenile, 15 years of age or older,
charged with drug trafficking or a crime of violence.
Federal juvenile delinquency proceedings require neither grand jury indictment,
public trial, nor trial by jury. The constitutional rights available to juveniles at
delinquency proceedings are otherwise much like those found in adult criminal trials.
Juveniles found delinquent may be released under suspended sentence, placed
on probation, ordered to pay restitution and/or sentenced to the custody of the
Attorney General for detention. The period of detention, if any, may not exceed the
term which might be imposed upon an adult offender for the same misconduct.
This report provides an overview of the history of federal juvenile delinquency
law, current federal law, and the stages of juvenile adjudications. A survey noting
the circumstances under which state law permits juveniles may be tried as adults
under state law and a selected legal bibliography are appended.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
History of Federal Delinquency Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Overview of Existing Federal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Federal Juvenile Offenders in State Proceedings . . . . . . . . . . . . . . . . . . . . . . 5
Arrest and Arraignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Initial Stages of Federal Adjudication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Delinquency Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Dispositional Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Juvenile Records and Conditions of Custody . . . . . . . . . . . . . . . . . . . . . . . 16
Juveniles Tried as Adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Juvenile Delinquents and Federal Criminal
Law: The Federal Juvenile Delinquency Act
and Related Matters
Introduction
Juvenile offenders of federal criminal law are primarily the responsibility of
state juvenile court authorities. The Federal Juvenile Delinquency Act permits
federal delinquency proceedings when state courts cannot or will not accept
jurisdiction or in the case of a limited number of crimes when there is a substantial
federal interest. In the more serious of these cases, the juvenile offender may be
transferred for trial as an adult. The rise in serious juvenile crime, the contraction of
state juvenile court jurisdiction, and the expansion of federal criminal law have all
contributed to the increased prevalence of the federal delinquency proceedings
described here.
History of Federal Delinquency Law
In early America, the law held that a child, until the age of 7, lacked the maturity
necessary to be held criminally responsible. Thereafter, incapacity was rebuttably
presumed until the child reached the age of 14, by which time acquisition of the
intellectual capability to entertain criminal intent was assumed.1 A child found
capable of the requisite intent was subject to trial and punishment as an adult; other
children were set free.
In the early twentieth century, the states established juvenile court systems so
that children accused of conduct that would be criminal in an adult might be
processed apart from the criminal justice system in an environment more closely
1 “Under the age of seven years, indeed, it seems that no circumstances of mischievous
discretion can be admitted to overthrow the strong presumption of innocence which is raised
by an age so tender. During the interval between seven and fourteen, the infant is prima
facie supposed to be destitute of criminal design; but this presumption diminishes as the age
increases, and even during this interval of youth, may be repelled by positive evidence of
vicious intention. For a tenderness of years will not excuse a maturity in crime; . . . since
the power of contracting guilt is measured rather by the strength of the delinquent’s
understanding, than by days and years. Thus, children of thirteen, eight, and ten years of
age, have been executed for capital offenses, because they respectively manifested a
consciousness of guilt, and a mischievous discretion or cunning. After the age of fourteen,
an infant is on the same footing with those of the maturest years.” 3 CHITTY, A PRACTICAL
TREATISE ON CRIMINAL LAW 724 (3d Am.ed. 1836); accord, 1 BISHOP, COMMENTARIES ON
THE CRIMINAL LAW §368 (7th ed. 1886); PERKINS & BOYCE, CRIMINAL LAW 936-39 (3d
ed. 1982).

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attuned to their rehabilitative needs. By 1930, only the federal government continued
to uniformly treat children, charged with a crime, as adults.2 The Attorney General
recommended, and Congress agreed, that the disparity should be adjusted by
authorizing the Department of Justice to return juveniles charged with violating
federal law to the juvenile authorities of their home state.3
This solution suffered two unfortunate limitations. It did not account for
juveniles charged with capital crimes. State law ordinarily excluded capital offenses
from the jurisdiction of its juvenile courts. Second, state juvenile courts had no
jurisdiction over juveniles who lived, and whose misconduct occurred upon, Indian
reservations or military installations over which the state had no legislative
jurisdiction.
Congress addressed these shortcomings with the Federal Juvenile Delinquency
Act of 1938.4 State juvenile proceedings remained the preferred alternative, but the
Attorney General might instead elect to proceed against a juvenile as an adult, and
federal juvenile proceedings became possible should both parties agree.5 Although
supplemented in 1950 by the Federal Youth Corrections Act which afforded federal
juvenile offenders tried as adults the prospect of special rehabilitative opportunities,6
the Act remained essentially unchanged for over thirty-five years.
In 1974, Congress substantially revised the Act,7 in order “to provide basic
procedural rights to juveniles who come under federal jurisdiction and to bring
federal procedures up to the standards set by various model acts, many state codes
2 “The creation and development of the juvenile court in the American States has been made
possible by a line plainly drawn between child and adult in the State law. The child
offender is generally dealt with on a noncriminal basis and has been protected from
prosecution and conviction for crime. The State has come to regard him as its ward. It has
assumed guardianship over him. It has undertaken to safeguard, train, and educate rather
than to punish him. It has substituted social for penal methods; the concept of juvenile
delinquency for that of crime. The clear distinction, however, has never been made in the
Federal law. The child approaches the courts of the United States on the same footing as
the adult. The concept of juvenile delinquency is unknown to the Federal Penal Code.”
NATIONAL COMMISSION ON LAW OBSERVANCE AND ENFORCEMENT [(WICKERSHAM
COMMISSION)], REPORT ON THE CHILD OFFENDER IN THE FEDERAL SYSTEM OF JUSTICE, 2
(1931).
3 The Attorney General also pointed out that (1) most of the cases involved interstate
joyriding, an offense for which juvenile court treatment was thought particularly
appropriate; (2) “[t]here [were] not enough juveniles brought into the Federal courts to
justify the establishment of juvenile courts by act of Congress;” and (3) “federal penal
institutions are not adequately equipped to deal with this class of juvenile delinquency.”
H.R.Rep.No. 958, 72d Cong., 1st Sess. 2, accompanying the bill enacted as 47 Stat. 301
(1932), as amended, 18 U.S.C. 5001.
4 52 Stat. 764 (1938), 18 U.S.C. 921 to 927 (1940 ed.).
5 52 Stat. 765 (1938), 18 U.S.C. 922 (1940 ed.).
6 64 Stat. 1086 (1950), 18 U.S.C. 5005 to 5026 (1952 ed.).
7 88 Stat. 1133 (1974), 18 U.S.C. 5031 to 5042 (1976 ed).

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and court decisions.”8 Crimes punishable by death or life imprisonment (primarily
murder, kidnaping and rape at the time) were made subject to the federal juvenile
treatment for the first time.9 The Attorney General lost the unbridled discretion to
determine whether children, accused of federal crimes, should be tried as adults in
federal criminal proceedings. The Attorney General was authorized, however, to
petition the federal juvenile court to transfer, for trial as an adult, any 16 or 17 year
old accused of a crime which carried a maximum penalty of death, life imprisonment,
or imprisonment for ten years or more.10
Congress made the final major adjustments ten years later with changes that
emphasized that at least some of the juveniles who commit serious crimes merited
punishment as adults. The Sentencing Reform Act of 1984 not only repealed the
Federal Youth Corrections and the juvenile parole provisions,11 but it extended the
range of the court’s dispositional authority and modified the list of crimes for which
and the age at which a juvenile may be transferred for trial as an adult.12
Overview of Existing Federal Law
The continuing basic premise of federal juvenile law is that juvenile matters,
even those arising under federal law, should be handled by state authorities whenever
possible.13 The remote second preference of federal law is treatment of the juvenile
8 S.Rep.No. 1011, 93d Cong., 2d Sess. 19 (1974).
9 88 Stat. 1133-134 (1974), 18 U.S.C. 5031, 5032 (1976 ed.). At the time, the Supreme
Court decision in Furman v. Georgia, 408 U.S. 238 (1972), had recently declared
unconstitutional the procedure under which the vast majority of state and federal capital
punishment statutes operated. It was not until two years later that Woodson v. North
Carolina
, 428 U.S. 280 (1976) and Gregg v. Georgia, 428 U.S. 153 (1976), gave some clue
as to what procedures, if any, would pass constitutional muster. The federal statutes which
called for the death penalty continued in force, however, as long they provided for a
constitutionally permissible alternative penalty.
10 88 Stat. 1134 (1974), 18 U.S.C. 5032 (1976 ed.).
11 98 Stat. 2027, 2014 (1984).
12 18 U.S.C. 5037, 5032 (discussed below). Thus far at least, the courts have declined to
read into this history a Congressional intent to repudiate rehabilitation as a sentencing
consideration under section 5037, United States v. Patrick, 359 F.3d 3, 10-11 (1st Cir. 2004);
United States v. Juvenile, 347 F.3d 778, 786-87 (9th Cir. 2003); each citing, United States
v. R.L.C.
, 503 U.S. 291, 298 (1992)(op. of Souter, J.).
13 18 U.S.C. 5032 (“A juvenile alleged to have committed an act of juvenile delinquency,
other than a violation of law committed within the special maritime and territorial
jurisdiction of the United States for which the maximum authorized term of imprisonment
does not exceed six months, shall not be proceeded against in any court of the United States
unless the Attorney General, after investigation, certifies to the appropriate district court of
the United States that (1) the juvenile court or other appropriate court of a State does not
have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such
alleged act of juvenile delinquency, (2) the State does not have available programs and
services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence
that is a felony or an offense described in section 401 of the Controlled Substances Act (21
U.S.C. 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the

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under the federal delinquency provisions.14 In a limited, but growing, number of
instances involving drugs or violence, federal law permits the trial of juveniles as
adults in federal court.15
Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1),
(2), (3)), section 922(x) or section 924(b), (g), or (h) of this title, and that there is a
substantial Federal interest in the case or the offense to warrant the exercise of Federal
jurisdiction.
“If the Attorney General does not so certify, such juvenile shall be surrendered to the
appropriate legal authorities of such State. For purposes of this section, the term “State”
includes a State of the United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States. . .”).
14 18 U.S.C. 5032 (“. . . If an alleged juvenile delinquent is not surrendered to the authorities
of a State pursuant to this section, any proceedings against him shall be in an appropriate
district court of the United States. For such purposes, the court may be convened at any
time and place within the district, in chambers or otherwise. The Attorney General shall
proceed by information or as authorized under section 3401(g) of this title, and no criminal
prosecution shall be instituted for the alleged act of juvenile delinquency except as provided
below”).
Federal juvenile delinquency proceedings involve roughly 200 juveniles a year,
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, STATISTICAL TABLES FOR THE
FEDERAL JUDICIARY, Table D-2, 64 (Dec. 2003), compared to the more 1.6 million juveniles
involved in state delinquency cases, STATISTICAL BRIEFING BOOK, at www.ojjdp.ncjrs.org
(visited on Oct. 16, 2004). Because a majority of the federal cases have historically arisen
in areas beyond state jurisdiction, i.e., primarily Indian country, the majority of federal
delinquency proceedings involve Native Americans, see, The Federal Juvenile Delinquency
Act: A Disparate Impact on Native American Juveniles
, 84 MINNESOTA LAW REVIEW 473
(1999).
15 18 U.S.C. 5032(“. . . A juvenile who is alleged to have committed an act of juvenile
delinquency and who is not surrendered to State authorities shall be proceeded against under
this chapter unless he has requested in writing upon advice of counsel to be proceeded
against as an adult, except that, with respect to a juvenile fifteen years and older alleged to
have committed an act after his fifteenth birthday which if committed by an adult would be
a felony that is a crime of violence or an offense described in section 401 of the Controlled
Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a), 955, 959), or section 922(x) of this
title, or in section 924(b), (g), or (h) of this title, criminal prosecution on the basis of the
alleged act may be begun by motion to transfer of the Attorney General in the appropriate
district court of the United States, if such court finds, after hearing, such transfer would be
in the interest of justice. In the application of the preceding sentence, if the crime of
violence is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile
possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c), ‘thirteen’
shall be substituted for ‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’.
Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of
an Indian tribal government shall be subject to the preceding sentence for any offense the
Federal jurisdiction for which is predicated solely on Indian country (as defined in section
1151), and which has occurred within the boundaries of such Indian country, unless the
governing body of the tribe has elected that the preceding sentence have effect over land and
persons subject to its criminal jurisdiction. However a juvenile who is alleged to have
committed an act after his sixteenth birthday which if committed by an adult would be a
felony offense that has as an element thereof the use, attempted use, or threatened use of
physical force against the person of another, or that, by its very nature, involves a substantial

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For purposes of the Federal Juvenile Delinquency Act in its present form, a
juvenile is an individual, under 21 years of age when the information is filed, alleged
to have violated federal criminal law before reaching the age of 18.16 The Act
reaches neither individuals after they turn 21 nor conduct committed after they turn
18,17 but federal authorities may prosecute as an adult any individual whose active
participation in a conspiracy or racketeering enterprise bridges his or her eighteenth
birthday.18
Federal Juvenile Offenders in State Proceedings
Criminal investigation and prosecution is first and foremost the domain of state
and local officials, and conduct which violates federal criminal law is usually
contrary to state law as well.19 While state crimes are the most common basis for
risk that physical force against the person of another may be used in committing the offense,
or would be an offense described in section 32, 81, 844(d), (e), (f), (h), (i) or 2275 of this
title, subsection (b)(1) (A), (B), or (C), (d), or (e) of section 401 of the Controlled
Substances Act, or section 1002(a), 1003, 1009, or 1010(b) (1), (2), or (3) of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b) (1), (2), (3)), and
who has previously been found guilty of an act which if committed by an adult would have
been one of the offenses set forth in this paragraph or an offense in violation of a State
felony statute that would have been such an offense if a circumstance giving rise to Federal
jurisdiction had existed, shall be transferred to the appropriate district court of the United
States for criminal prosecution . . .”).
16 “For purposes of this chapter, a ‘juvenile’ is a person who has not attained his eighteenth
birthday, or for the purpose of proceedings and disposition under this chapter for an alleged
act of juvenile delinquency, a person who has not attained his twenty-first birthday, and
`juvenile delinquency’ is the violation of a law of the United States committed by a person
prior to his eighteenth birthday which would have been a crime if committed by an adult or
a violation of such a person of section 922(x)[relating to unlawful possession of a handgun
or handgun ammunition by a juvenile].” 18 U.S.C. 5031.
17 United States v. Ramirez, 297 F.3d 185, 191-92 (2d Cir. 2002); United States v. Male
Juvenile (Pierre Y.)
, 280 F.3d 1008, 1017 (9th Cir. 2002); United States v. Doerr, 886 F.2d
944, 969-70 (7th Cir. 1989).
18 United States v. Soto-Beniquez, 356 F.3d 1, 23-4 (1st Cir. 2003); United States v. Burns,
298 F.3d 523, 537 (6th Cir. 2002); United States v. Peters, 283 F.3d 300, 309 (5th Cir. 2002);
United States v. Delatorre, 157 F.3d 1205, 1209-211 (10th Cir. 1998); United States v.
Thomas
, 114 F.3d 228, 238 (D.C.Cir. 1997); United States v. Wong, 40 F.3d 1347, 1365-366
(2d Cir. 1994); United States v. Cruz, 805 F.2d 1464, 1476 (11th Cir. 1976); for a more
extensive discussion of questions presented by crimes that straddle the jurisdictional age
lines see, Conspiratorial Children? The Intersection of the Federal Juvenile Delinquency
Act and Federal Conspiracy Law
, 74 BOSTON UNIVERSITY LAW REVIEW 859 (1994).
19 For example, the federal Controlled Substances Act, 21 U.S.C. 801 - 889, has a state
equivalent in every jurisdiction, see e.g., Ala.Code §§20-2-1 to 20-2-93; Alaska Stat.
11.71.010 to 11.71.900; Ariz.Rev.Stat.Ann. §§13-3401 to 13-3416; Ark.Code §§5-64-101
to 5-64-1005; and robbery of a federal insured bank, 18 U.S.C. 2113, and murder of a
federal law enforcement officer, 18 U.S.C. 1114, will almost always be contrary to the state
robbery and murder statutes in the state in which the offenses occur, see e.g., Cal.Pen.Code
§§187 to 189 (homicide); Colo.Rev.Stat. §§18-3-101 to 18-3-107 (homicide); Conn.Gen.
Stat.Ann. §§53a-54a to 53a-58a (homicide); Del.Code tit.11 §§631 to 641 (homicide); Fla.

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state juvenile court jurisdiction, many state juvenile courts enjoy delinquency
jurisdiction based upon a violation of federal law.20 Thus an individual under 18 who
violates federal criminal law can move through the state juvenile delinquency system
without ever coming into contact with federal authorities.
Contractions in state juvenile court jurisdiction, however, make this less likely
than was once the case. Many states now define juvenile court jurisdiction more
narrowly than federal law either in terms of age or crime or both.21 Some also permit
the adult criminal trial of a juvenile either through the exercise of concurrent
jurisdiction, a waiver of jurisdiction, or a transfer under circumstances the federal
courts could not.
Arrest and Arraignment
A juvenile taken into federal custody for violation of federal law must be
advised of his or her legal rights immediately and the juvenile’s parents or guardian
must be notified immediately.22 The courts have held that since federal custody
activates the statute’s requirements, the obligations only begin after a juvenile,
initially detained by state, local or tribal officials, is turned over to federal
authorities,23 and may be excused when the juvenile contributes to reasonable but
unsuccessful notification efforts.24 The juvenile must also be brought before a
Stat.Ann. §812.13 (robbery); Ga.Code §§16-8-40, 16-8-41 (robbery); Hawaii Rev.Stat.
§§708-840 to 708-842 (robbery); Idaho Code §§18-6501 to 18-6503 (robbery).
20 Ala. Code §12-15-1 (“When used in this chapter, the following words and phrases shall
have the following meanings . . . Delinquent Act. An act committed by a child that is
designated a violation, misdemeanor, or felony offense under the law of this state . . . or
under federal law . . . .”); see also, Ariz.Rev.Stat.Ann. §8-201; Cal.Wel.& Inst. Code §602;
Colo.Rev.Stat. §19-2-104; Conn.Gen.Stat.Ann. §46b-120; Del.Code Ann. tit.10, §1009; Fla.
Stat.Ann. §985.03; Ga.Code Ann. §15-11-2; Hawaii Rev.Stat. §571-11; Idaho Code §20-
505; Ill.Comp.Stat.Ann. ch.705 §405/5-105; Iowa Code §232.2; La.Child.Code art. 804;
Mich.Comp.Laws Ann. §712A.2; Minn.Stat.Ann. §260B.007; Miss.Code §43-21-105; N.D.
Cent Code §27-20-02; Ohio Rev. Code §2152.02; Okla.Stat.Ann. tit.10 §7301-1.3; Ore.Rev.
Stat. §419C.005; Pa.Stat.Ann. tit.42 §6302; R.I.Gen.Laws §14-1-3; S.D.Cod.Laws §26-8C-
2; Tenn. Code Ann. §37-1-102; Tex.Fam.Code Ann. §51.03; Utah Code Ann. §78-3a-104;
Vt.Stat.Ann. tit.33 §5502; Va. Code §16.1-228; Wash.Rev.Code Ann. §13.40.020; Wis.Stat.
Ann. §938.02.
21 A state by state breakdown is appended.
22 18 U.S.C. 5033.
23 United States v. Doe, 366 F.3d 1068, 1070-75 (9th Cir. 2004); United States v. Kerr, 120
F.3d 239, 241-42 (11th Cir. 1997); cf., United States v. Doe, 226 F.3d 672, 679 (6th Cir.
2000).
24 United States v. Burrous, 147 F.3d 111, 115-16 (2d Cir. 1998). The case law otherwise
construing the advice and notification portions of section 5033 comes largely from the Ninth
Circuit and provides that:
1. the word “immediate” means the same for both advice and notifications purposes,
United States v. Doe (Rudolfo R.), 219 F.3d 1009, 1014-15 (9th Cir. 2000);
2. advice given 4 hours after arrest and notification given 3½ hours after arrest have
not been given immediately, United States v. Juvenile (RRA-A), 229 F.3d 737, 744 (9th Cir.

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magistrate for arraignment “forthwith.”25
Once before the magistrate, the juvenile is entitled to the assistance of counsel
and to have counsel appointed in the case of indigence.26 The magistrate may also
appoint a guardian ad litem, and, after a hearing before counsel, order the juvenile
detained to guarantee subsequent court appearances or for the safety of the juvenile
or anyone else.27
A juvenile under federal detention is entitled to a delinquency hearing within 30
days or to have the information charging his or her delinquency dismissed with
prejudice unless he or she has contributed or consented to the delay or unless
dismissal with prejudice would be contrary to the interests of justice.28 This speedy
trial requirement runs from the time the juvenile was taken into federal custody
2000); United States v. Doe (Rudolfo R.), 219 F.3d at 1014;
3. notice given within close to an hour after arrests had been given immediately, United
States v. Female Juvenile (Wendy G.), 255 F.3d 761, 765 (9th Cir. 2001);
4. parental notification must include advice as to the juvenile’s rights, United States
v. Juvenile (RRA-A), 229 F.3d at 747; United States v. Doe (Rudolfo R.), 219 F.3d at 1017-
18; United States v. Female Juvenile (Wendy G.), 255 F.3d at 767-77;

5. parental notification may be accomplished through the good offices of the
appropriate foreign consulate when the juvenile’s parents reside outside of the Untied
States, United States v. Juvenile (RRA-A), 229 F.3d at 744; United States v. Doe (Rudolfo
R.)
, 219 F.3d at 1014;
6. convictions or delinquency determinations must be overturned if they are tainted by
violations of section 5033 so egregious as to violate due process, United States v. Juvenile
(RRA-A)
, 229 F.3d at 744; United States v. Doe (Rudolfo R.), 219 F.3d at 1014; and
7. less egregious but prejudicial violations of section 5033 require that any resulting
incriminating statements be suppressed, United States v. Juvenile (RRA-A), 229 F.3d at 744;
United States v. Doe (Rudolfo R.), 219 F.3d at 1014; but see, United States v. Doe, 226 F.3d
672, 678-80 (6th Cir. 2000) (violation does not per se require suppression of resulting
confession whose admissibility should be judged by considering the totality of the
circumstances).
25 18 U.S.C. 5033. At night, on weekends, or at other times when a magistrate is not
immediately available, arraignment may be within a time reasonable under the
circumstances, United States v. Doe, 701 F.2d 819, 823-24 (9th Cir. 1983)(delay between
11 at night and arraignment in the morning two days later was reasonable in light of
unavailability of a magistrate and the officer’s press of official business), United States v.
Doe (Rudolfo R.)
, 219 F.3d 1009, 1015-16 (9th Cir. 2000)(a thirty-one hour delay in the
absence of extenuating circumstances was not reasonable); United States v. Doe, 862 F.2d
766, 780 (9th Cir. 1988)(36 hour delay was unreasonable); United States v. DeMarce, 513
F.2d 755, 757-58 (10th Cir. 1975)(80 hour delay unreasonable even if some of delay fell on
a weekend); United States v. Nash, 620 F.Supp. 1439, 1444 (S.D.N.Y. 1985)(7-9 hour delay
on a weekday unreasonable even without proof bad faith).
26 18 U.S.C. 5034.
27 18 U.S.C. 5034. The Supreme Court has upheld state juvenile pre-trial detention, Schall
v. Martin
, 467 U.S. 253 (1984), and adult federal pre-trial detention, United States v.
Salerno
, 481 U.S. 739 (1987).
28 18 U.S.C. 5036.

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pending judicial proceedings,29 but does not attach to any period of state detention;30
to any period during which the juvenile was being held for purposes other than the
pendency of delinquency proceedings;31 to time when the juvenile is not being
detained;32 to delays attributable to the juvenile’s deception;33 to the period between
admission or guilty plea and sentencing;34 nor to the period for which a continuance
has been granted at the juvenile’s behest.35 Time spent on the government’s appeal
is excludable in the interest of justice,36 as is time spent litigating the government’s
transfer motions,37 but not when the juvenile was being unlawfully detained at the
time of government’s motion.38
Initial Stages of Federal Adjudication
Federal law permits federal proceedings against a federal juvenile offender when
there is no realistic state alternative or when the juvenile is accused of a serious
federal crime. The government must certify that it has elected a federal forum. The
certificate must assert that either:
(1) the state courts are unwilling or unable to proceed against the
juvenile for the misconduct in question; or
(2) the juvenile programs of the state are unavailable or inadequate; or
(3) the offense is a drug dealing or drug smuggling violation, possession
of an undetectable firearm, or felony and crime of violence and that a substantial
federal interests exists warranting the exercise of federal jurisdiction.39
29 United States v. Female Juvenile, A.F.S., 377 F.3d 27, 34 (1st Cir. 2004); United States
v. Wong
, 40 F.3d at 1371; United States v. Romulus, 949 F.2d 713, 715 (4th Cir. 1991);
United States v. Doe, 882 F.2d 926, 927-28 (5th Cir. 1989).
30 United States v. Eric B., 86 F.3d 869, 873 (9th Cir. 1996); United States v. Three Male
Juveniles
, 49 F.3d 158, 1063 (5th Cir. 1995); United States v. Doe, 642 F.2d 1206, 1207-208
(10th Cir. 1981).
31 United States v. Juvenile Male, 74 F.3d 526, 528-29 (4th Cir. 1996).
32 United States v. Cuomo, 525 F.2d 1285, 1290 (5th Cir. 1976)(released to parents under
restrictive bail conditions); United States v. Doe, 149 F.3d 945, 949-50 (9th Cir. 1998)
(released to half-way house pending trial).
33 United States v. Doe, 49 F.3d 859, 865-66 (2d Cir. 1995).
34 United States v. Juvenile Male, 939 F.2d 321, 324 (6th Cir. 1991).
35 United States v. Doe, 226 F. 3d 672, 681 (6th Cir. 2000).
36 United States v. Doe, 94 F.2d 532, 535-36 (9th Cir. 1996).
37 United States v. A.R., 203 F.3d 955, 963-64 (6th Cir. 2000); United States v. Sealed
Juvenile 1
, 192 F.3d 488, 491-92 (5th Cir. 1999); United States v. Wong, 40 F.3d at 1371;
United States v. Romulus, 949 F.2d at 716.
38 United States v. Female Juvenile, A.F.S., 377 F.3d at 37-8.
39 “A juvenile alleged to have committed an act of juvenile delinquency, other than a
violation of law committed within the special maritime and territorial jurisdiction of the
United States for which the maximum authorized term of imprisonment does not exceed six
months, shall not be proceeded against in any court of the United States unless the Attorney

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The statute calls for certification by the Attorney General, but the authority has
been redelegated to the various United States Attorneys.40 A facially adequate
certification is generally thought to be beyond judicial review in the absence of
evidence of bad faith.41 In the absence of a definition of “crime of violence” for
certification purposes within section 5032 or within 5031 which supplies definitions
of general application for the chapter, courts have relied on the definitions in 18
U.S.C. 1642 and 18 U.S.C. 924(c)(3)(B).43
General, after investigation, certifies to the appropriate district court of the United States
that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or
refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile
delinquency, (2) the State does not have available programs and services adequate for the
needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an
offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), or
section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x)
or section 924(b), (g), or (h) of this title, and that there is a substantial Federal interest in the
case or the offense to warrant the exercise of Federal jurisdiction.” 18 U.S.C. 5032 ¶1.
40 28 C.F.R. §0.57; United States v. Sealed Juvenile 1 (S.J.), 225 F.3d 507, 509 (5th Cir.
2000); United States v. Juvenile (W.J.B.), 228 F.3d 987, 989 n.2 (9th Cir. 2000); United
States v. White
, 139 F.3d 998, 1000 (4th Cir. 1998).
41 United States v. F.S.J., 265 F.3d 764, 768 (9th Cir. 2001); United States v. Smith, 178 F.3d
22, 25 (1st Cir. 1999); United States v. Vacier, 515 F.2d 1378, 1380 (2d Cir. 1975);
Impounded (Juvenile R.G.), 117 F.3d 730, 733-35 (1st Cir. 1997); United States v. Juvenile
No.1
, 118 F.3d 298, 304-5 (5th Cir. 1997); United States v. Doe, 226 F.3d 672, 676-78 (6th
Cir. 2000); United States v. Jarrett, 133 F.3d 519, 538 (7th Cir. 1998); United States v.
Juvenile Male J.A.J.
, 134 F.3d 905, 906-7 (8th Cir. 1998); United States v. I.D.P., 102 F.3d
507, 511 (11th Cir. 1996); In re Sealed Case, 131 F.3d 208, 211-14 (D.C.Cir. 1997); contra,
United States v. Juvenile Male No.1, 86 F.3d 1314, 1320-323 (4th Cir. 1996); see also,
Judicial Review & the Policy of Federal Abstention: A Juvenile’s Right to Ensure the
Existence of a “Substantial Federal Interest,”
98 MICHIGAN LAW REVIEW 1007 (2000).
Certification is jurisdictional, however, so that certification by an Assistant United
States, Attorney without evidence of the United States Attorney’s approval is insufficient,
United States v. Sealed Juvenile 1 (S.J.), 225 F.3d 507, 509 (5th Cir. 2000); United States
v. Doe (M.F.)
, 98 F.3d 459, 460-61 (9th Cir. 1996); United States v. Angelo D., 88 F.3d 856,
859-60 (10th Cir. 1996)(certification by principal assistant authorized by the United States
Attorney to act for him in his absence); United States v. F.S.J., 265 F.3d 764, 768 (9th Cir.
2001)(same). The government, however, need not certify the want of, or willingness to
exercise, tribal as well as state jurisdiction, United States v. Male Juvenile (Pierre Y), 280
F.3d at 1014-16.
42 United States v. Doe, 49 F.3d 859, 865-66 (2d Cir. 1995); United States v. Baker, 10 F.3d
1374, 1393 (9th Cir. 1993)(“The term ‘crime of violence’ means — (a) an offense that has
as an element the use, attempted use, or threatened use of physical force against the person
or property of another, or (b) any other offense that is a felony and that, by its nature,
involves substantial risk that physical force against the person or property of another may
be used in the course of committing the offense,” 18 U.S.C. 16).
43 United States v. Juvenile Male, 118 F.3d 1344, 1350 (9th Cir. 1997)(“the term ‘crime of
violence’ means an offense that is a felony and — (A) has as an element the use, attempted
use, or threatened use of physical force against the person or property of another, or (B) that
by its nature, involves a substantial risk that physical force against the person or property
of another may be used in the course of committing the offense,” 18 U.S.C. 924(c)(3)).

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If the government decides against federal proceedings, the juvenile must either
be released or, under the appropriate conditions, turned over to state authorities.44
Otherwise the government files an information and a statement of the juvenile’s past
record with the district court to begin federal proceedings.45 In such cases it may
prosecute a juvenile as an adult only if the child insists, or pursuant to a juvenile
court transfer.46
Transfers
There are two types of transfers, mandatory and discretionary. A transfer is
mandatory in the case of a violent felony, drug trafficking, drug smuggling, or arson,
allegedly committed by a juvenile 16 years of age or older who has previously been
found to have committed comparable misconduct.47 Similar offenses may trigger a
44 “Whenever any person under twenty-one years of age has been arrested, charged with the
commission of an offense punishable in any court of the United States or of the District of
Columbia, and, after investigation by the Department of Justice, it appears that such person
has committed an offense or is a delinquent under the laws of any State or of the District of
Columbia which can and will assume jurisdiction over such juvenile and will take him into
custody and deal with him according to the laws of such State or of the District of Columbia,
and that it will be to the best interests of the United States and of the juvenile offender, the
United States attorney of the district in which such person has been arrested may forego his
prosecution and surrender him as herein provided, unless such surrender is precluded under
section 5032 of this title.
“The United States marshal of such district upon written order of the United States
attorney shall convey such person to such State or the District of Columbia, or, if already
therein, to any other part thereof and deliver him into the custody of the proper authority
thereof.
“Before any person is conveyed from one State to another or from or to the District of
Columbia under this section, he shall signify his willingness to be so returned, or there shall
be presented to the United States attorney a demand from the executive authority of such
State or the District of Columbia, to which the prisoner is to be returned, supported by
indictment or affidavit as prescribed by section 3182 of this title.
“The expense incident to the transportation of any such person, as herein authorized,
shall be paid from the appropriation ‘Salaries, Fees, and Expenses, United States
Marshals.’” 18 U.S.C. 5001.
45 18 U.S.C. 5032 ¶10 (“A juvenile shall not be transferred to adult prosecution nor shall
a hearing be held under section 5037 (disposition after a finding of juvenile delinquency)
until any prior juvenile court records of such juvenile have been received by the court, or
the clerk of the juvenile court has certified in writing that the juvenile has no prior record,
or that the juvenile's record is unavailable and why it is unavailable”). Historically, most
courts considered receipt of any prior record jurisdictional, Impounded (Juvenile I.H., Jr.),
120 F.3d 457, 460 (3d Cir. 1997); United States v. Wong, 40 F.3d at 1369-370; United States
v. Parker
, 956 F.2d 169, 170 (8th Cir. 1992); contra, United States v. Doe, 366 F.3d 1069,
1075-77 (9th Cir. 2004)(finding current language less mandatory than was previously the
case).
46 18 U.S.C. 5032.
47 “. . . [A] juvenile who is alleged to have committed an act after his sixteenth birthday
which if committed by an adult would be a felony offense that has as an element thereof the
use, attempted use, or threatened use of physical force against the person of another, or that,
by its very nature, involves a substantial risk that physical force against the person of

CRS-11
discretionary transfer if the juvenile is 15 or older regardless of his or her prior
record; discretionary transfers are also possible for juveniles 13 or older in some
cases of assault, homicide or robbery.48 The government’s petition is a prerequisite
another may be used in committing the offense, or would be an offense described in section
32 [relating to the destruction of aircraft and aircraft facilities], 81 [relating to arson in the
special maritime and territorial jurisdiction of the United States], 844(d), (e), (f), (h), (i)
[relating to various explosives offenses], or 2275 [relating to arson on ships of American
registry] of this title, subsection (b)(1), (A), (B), or (C), (d), or (e) of section 401 of the
Controlled Substances Act [relating to illicit drug trafficking], or section 1002(a), 1003,
1009, or 1010(b)(1), (2), (3) of the Controlled Substances Import and Export Act (21 U.S.C.
952(a), 953, 959, 960(b)(1), (2), (3)) [relating to illicit drug smuggling], and who has
previously been found guilty of an act which if committed by an adult would have been one
of the offenses set forth in this paragraph or an offense in violation of a State felony statute
that would have been such an offense if a circumstance giving rise to Federal jurisdiction
had existed, shall be transferred to the appropriate district court of the United States for
criminal prosecution. . . .” 18 U.S.C. 5032 ¶4.
As the language suggests, the prior felony “conviction” may be either a conviction as
an adult or a finding of delinquency based on conduct that would be felonious if committed
by an adult, United States v. J.J.B., 104 F.3d 630, 636-37 (4th Cir. 1997); United States v.
Juvenile Male #1
, 47 F.3d 68, 69 (2d Cir. 1995); United States v. David H., 29 F.3d 489,
492-93 (9th Cir. 1994). In either case, the courts will look to the elements of the prior
felony, rather than the particulars of the actual misconduct involved, to determine whether
the prior offense should be considered violent for transfer purposes, United States v. M.C.E.,
232 F.3d 1252, 1255 (9th Cir. 2000); United States v. A.F.F., 144 F.Supp.2d 809, 814
(E.D.Mich. 2001). While conspiracy to violate the Controlled Substances Act sections
listed in 18 U.S.C. 5032 will not alone support a transfer, In re Sealed Case (Juvenile
Transfer)
, 893 F.2d 363, 368-69 (D.C.Cir. 1990), conspiracy to commit a violent felony
necessarily involves the threat or substantial risk of physical force and consequently may
trigger a transfer, United States v. Juvenile Male, 923 F.2d 614, 618-19 (8th Cir. 1991); see
also, United States v. Doe
, 49 F.3d 859, 866 (2d Cir. 1995)(RICO conspiracy to commit
Hobbs Act robberies constitutes a crime of violence for juvenile transfer purposes); United
States v. Juvenile Male (R.B.)
, 118 F.3d 1344, 1350 (9th Cir. 1997)(same).
The Ninth Circuit has rejected contentions that mandatory transfers constitute an
unconstitutional denial of either due process or equal protection, United States v. Juvenile,
228 F.3d 987, 990 (9th Cir. 2000), and absent a denial of the effective assistance of counsel,
questions of the constitutionality of the underlying prior conviction or determination may
not be raised at the transfer hearing, United States v. M.C.E., 232 F.3d 1252, 1257 (9th Cir.
2000).
48 “. . . [W]ith respect to a juvenile fifteen years and older alleged to have committed an act
after his fifteenth birthday which if committed by an adult would be a felony that is a crime
of violence or an offense described in section 401 of the Controlled Substances Act (21
(U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled Substances Import and
Export Act (21 U.S.C. 952(a), 955, 959), criminal prosecution on the basis of the alleged act
may be begun by motion to transfer of the Attorney General in the appropriate district court
of the United States, if such court finds, after hearing, such transfer would be in the best
interest of justice. In the application of the preceding sentence, if the crime of violence is
an offense under section 113(a), 113(b), 113(c) [relating to assaults within the special
maritime and territorial jurisdiction of the United States], 1111 [ relating to murder within
the special maritime and territorial jurisdiction], 1113 [relating to attempted murder or
manslaughter within the special maritime and territorial jurisdiction], or, if the juvenile
possessed a firearm during the offense, section 2111 [relating to robbery within the special
maritime and territorial jurisdiction], 2113 [relating to bank robbery], 2241(a), or

CRS-12
for either a mandatory or discretionary transfer.49 proceedings can begin with the
government’s petition to the court.
The
court’s
discretionary
transfer determination must include consideration of
statutory offender criteria.50 There is no requirement that the factors be given equal
weight as long as the court documents its consideration of each,51 but may accord
particular serious offenses greater weight than the other factors.52 When the transfer
is discretionary, juvenile adjudication is presumed appropriate,53 unless the
2241(c)[relating to rape within the special maritime and territorial jurisdiction of the United
States], ‘thirteen’ shall be substituted for ‘fifteen’ and ‘thirteenth’ shall be substituted for
‘fifteenth’. Notwithstanding sections 1152 and 1153, no person subject to the criminal
jurisdiction of an Indian tribal government shall be subject to the preceding sentence for any
offense the Federal jurisdiction for which is predicated solely on Indian country (as defined
in section 1151), and which has occurred within the boundaries of such Indian country,
unless the governing body of the tribe has elected that the preceding sentence have effect
over land and persons subject to the criminal jurisdiction. . . .” 18 U.S.C. 5032 ¶4.
49 United States v. Female Juvenile, A.F.S., 377 F.3d 27, 32 (1st Cir. 2004); United States
v. Juvenile Male No. 1
, 47 F.3d 68, 609 (2d Cir. 1995).
50 “Evidence of the following factors shall be considered, and findings with regard to each
factor shall be made in the record, in assessing whether a transfer would be in the interest
of justice: the age and social background of the juvenile; the nature of the alleged offense;
the extent and nature of the juvenile’s prior delinquency record; the juvenile’s present
intellectual development and psychological maturity; the nature of past treatment efforts and
the juvenile’s response to such efforts; the availability of programs designed to treat the
juvenile’s behavioral problems. In considering the nature of the offense, as required by this
paragraph, the court shall consider the extent to which the juvenile played a leadership role
in an organization, or otherwise influenced other persons to take part in criminal activities,
involving the use or distribution of controlled substances or firearms. Such a factor, if found
to exist, shall weigh in favor of a transfer to adult status, but the absence of this factor shall
not preclude such a transfer.” 18 U.S.C. 5032 ¶5.
A juvenile’s statements “prior to or during a transfer hearing” may not be admitted in
subsequent criminal proceedings, 18 U.S.C. 5032 ¶8, and consequently a juvenile may be
required to submit to a psychiatric examination in connection with the hearing and the court
may base its transfer determinations on the results without intruding upon the juvenile’s
Fifth Amendment privilege against self-incrimination, United States v. Mitchell H., 182 F.3d
1034, 1035-36 (9th Cir. 1999); United States v. A.R., 38 F.3d 699, 703 (3d Cir. 1994).
51 United States v. Anthony Y., 172 F.3d 1249, 1253 (10th Cir. 1999); United States v.
Wilson
, 149 FD.3d 610, 614 (7th Cir. 1998); United States v. Juvenile JG, 139 F.3d 584,
586-87 (8th Cir. 1998); United States v. Juvenile No.1 (J.R.P.), 118 F.3d 298, 307 (5th Cir.
1997); United States v. Doe, 109 F.3d 626, 628 (9th Cir. 1997); United States v. Wellington,
102 F.3d 499, 506 (11th Cir. 1996); United States v. Nelson, 90 F.3d 636, 640 (2d Cir.
1996); United States v. Juvenile Male, 40 F.3d 841, 845-46 (6th Cir. 1994); United States
v. A.R., 38 F.3d 699, 705 (3d Cir. 1994).
52 United States v. Juvenile Male MC, 322 F.3d 482, 485 (8th Cir. 2002); United States v.
Ramirez
, 297 F.3d at 193.
53 United States v. Female Juvenile, A.F.S., 377 F.3d 27, 32 (1st Cir. 2004); United States
v. Ramirez
, 297 F.3d 185, 192 (2d Cir. 2002); United States v. Anthony Y., 172 F.3d 1249,
1252 (10th Cir. 1999); United States v. A.R., 203 F.3d 955, 961 (6th Cir. 2000); United
States v. Juvenile Male #1
, 47 F.3d 68, 71 (2d Cir. 1996); United States v. A.R., 38 F.3d 699,

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government can establish its case for a transfer by a preponderance of the evidence.54
The court’s determination of whether transfer is appropriate is immediately
appealable under an abuse of discretion standard.55
Delinquency Hearings
In the absence or failure of a government transfer motion and unless the juvenile
insists on an adult trial, a hearing is held on the government’s information charging
delinquency, conducted “at any time and place within the district, in chambers or
otherwise.”56 Neither grand jury indictment57 nor a jury trial are constitutionally
required.58 On the other hand, the Constitution demands many of the other features
of an adult criminal trial including: “notice of charges, right to counsel, privilege
against self-incrimination, right to confrontation and cross examination, proof beyond
a reasonable doubt and double jeopardy,”59 and the Fourth Amendment exclusionary
rule.60
706 (3d Cir. 1994).
54 United States v. Female Juvenile, A.F.S., 377 F.3d at 32; United States v. Ramirez, 297
F.3d at 192; United States v. Anthony Y., 172 F.3d at 1252; United States v. I.D.P., 102 F.3d
507, 513 (11th Cir. 1996); United States v. T.F.F., 55 F.3d 1118, 1122 (2d Cir. 1995);
United States v. Juvenile Male No.1, 86 F.3d 1314, 1323 (4th Cir. 1996); United States v.
A.R.
, 38 F.3d 699, 703 (3d Cir. 1994); United States v. Parker, 956 F.2d 169, 171 (8th Cir.
1992).
55 United States v. Ramirez, 297 F.3d at 192-93; United States v. Juvenile (W.J.B.), 228 F.3d
987, 988 (9th Cir. 2000); United States v. Leon D.M., 132 F.3d 583, 587-88 (10th Cir.
1997); United States v. Juvenile No.1 (J.R.P.), 118 F.3d 298, 302 (5th Cir. 1997); United
States v. Wellington
, 102 F.3d 499, 503 (11th Cir. 1996); United States v. J.J.K., 76 F.3d
870, 871-72 (7th Cir. 1996); United States v. One Juvenile Male, 40 F.3d 841, 844 (6th Cir.
1994); United States v. A.R., 38 F.3d 699, 701 (3d Cir. 1994); In re Sealed Case (Juvenile
Transfer)
, 893 F.2d 363, 367-68 (D.C.Cir. 1990); United States v. Smith, 851 F.2d 706, 708
(4th Cir. 1988); United States v. A.W.J., 804 F.2d 492, 492-93 (8th Cir. 1986).
56 18 U.S.C. 5032 ¶3. District courts have discretion to regulate access to juvenile
proceedings on a case by case basis, United States v. A.D., 28 F.3d 1353, 1359-362 (3d Cir.
1994); United States v. Three Juveniles, 61 F.3d 86, 92 (1st Cir. 1995).
57 United States v. Juvenile (W.J.B.), 228 F.3d 987, 990 (9th Cir. 2000); United States v.
Welch
, 15 F.3d 1202, 1208-209 n.9 (1st Cir. 1993); United States v. Hill, 538 F.2d 1072,
1076 (4th Cir. 1976); United States v. Indian Boy X, 565 F.2d 585, 595 (9th Cir. 1977).
58 McKeiver v. Pennsylvania, 403 U.S. 528 (1975); United States v. Male Juvenile (Pierre
Y.)
, 280 F.3d at 1021; United States v. Welch, 15 F.3d at 1208-209 n.9; United States v.
Juvenile Male C.L.O.
, 77 F.3d 1075, 1077 (8th Cir. 1996). Nor is a jury required in the
juvenile transfer hearing, United States v. Miguel, 338 F.3d 995, 1004 (9th Cir. 2003).
59 Schall v. Martin, 467 U.S. 253, 263 (1984), citing, In re Gault, 387 U.S.1, 31-57 (1967);
In re Winship, 397 U.S. 358 (1970); and Breed v. Jones, 421 U.S. 519 (1971); see also,
United States v. Doe, 226 F.3d 672, 680 (6th Cir. 2000)(proof beyond a reasonable doubt).
60 United States v. Doe, 801 F.Supp. 1562, 1567 (E.D.Tex. 1992).

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Dispositional Hearings
Upon a finding of delinquency, the court schedules either a sentencing hearing
or a hearing in anticipation of a commitment for examination prior to sentencing.61
At sentencing, the court may dispose of a juvenile delinquency case by suspending
sentence, by ordering restitution or probation, or by committing the juvenile to the
custody of the Attorney General for detention.62
Detention is limited to not more than 5 years in cases involving serious felonies
and juveniles 18 years of age or older; the maximum for 18 to 21 year olds involved
in less serious offenses is the lesser of 3 years or the sentence an adult would receive
for the same conduct.63 Juveniles under 18 face a maximum term of detention equal
to the lesser of the time before they reach 21 or the sentence an adult would receive
for the same conduct.64 All juveniles are subject to the same good time rules that
govern adult cases.65 A juvenile sentenced to detention may also be sentenced to a
term of juvenile delinquent supervision to be served following the juveniles release
from detention.66 A juvenile’s sentence of post release supervision may be modified
61 “If the court desires more detailed information concerning an alleged or adjudicated
delinquent, it may commit him, after notice and hearing at which the juvenile is represented
by counsel, to the custody of the Attorney General for observation and study by an
appropriate agency. Such observation and study shall be conducted on an outpatient basis,
unless the court determines that inpatient observation and study are necessary to obtain the
desired information. In the case of an alleged juvenile delinquent, inpatient study may be
ordered only with the consent of the juvenile or his attorney. The agency shall make a
complete study of his background, any previous delinquency or criminal experience, any
mental or physical defect, and any other relevant factors. The Attorney General shall submit
to the court and the attorneys for the juvenile and the Government the results of the study
within thirty days after the commitment of the juvenile, unless the court grants additional
time.” 18 U.S.C. 5037.
62 18 U.S.C. 5037.
63 18 U.S.C. 5037(c)(2). For purposes of section 5037, the age in question is the age of the
juvenile at the time of sentencing, United States v. Leon, 365 F.3d 750, 752-53 (9th Cir.
2004).
64 18 U.S.C. 5037(c)(1). Thus, while strictly speaking the United States Sentencing
Guidelines does govern juvenile disposition, U.S.S.G. §1B1.12, they may influence the
result since disposition is colored by adult sentencing considerations. The maximum
sentence an adult would receive may be determined using the sentencing guidelines and the
statutory maximum rather than merely by reference to the statutory maximum, United States
v. R.L.C.
, 503 U.S. 291 (1992), but this also permits consideration of any ground for upward
departure, United States v. Juvenile PWM, 121 F.3d 382, 384 (8th Cir. 1997), citing, R.L.C.
503 U.S. at 307; United States v. A.J., 190 F.3d 873, 874-76 (8th Cir. 1999). Where federal
law applies state law, sentencing under comparable state law may provide guidance, e.g.,
United States v. Male Juvenile (Pierre Y.), 280 F.3d at 1025.
65 18 U.S.C. 5037(c)(2), 3624.
66 18 U.S.C. 5037(d)(“(1) The court, in ordering a term of official detention, may include
the requirement that the juvenile be placed on a term of juvenile delinquent supervision after
official detention. (2) The term of juvenile delinquent supervision that may be ordered for
a juvenile found to be a juvenile delinquent may not extend – (A) in the case of a juvenile

CRS-15
or revoked under much the same terms as an adult sentence of supervised release.67
Once the court has opted for restitution, the rules governing adult restitution likewise
apply.68 The permissible terms of juvenile probation track those established for
juvenile detention, but otherwise juvenile probation follows the path of its adult
who is less than 18 years old, a term that extends beyond the date when the juvenile
becomes 21 years old; or (B) in the case of a juvenile who is between 18 and 21 years old,
a term that extends beyond the maximum term of official detention set forth in section
5037(c)(2) (A) and (B), less the term of official detention ordered. (3) The provisions
dealing with probation set forth in sections 3563 and 3564 are applicable to an order
placing a juvenile on juvenile delinquent supervision . . .”).
67 18 U.S.C. 5037(d)(“. . . (4) The court may modify, reduce, or enlarge the conditions of
juvenile delinquent supervision at any time prior to the expiration or termination of the term
of supervision after a dispositional hearing and after consideration of the provisions of
section 3563 regarding the initial setting of the conditions of probation.
“(5) If the juvenile violates a condition of juvenile delinquent supervision at any time
prior to the expiration or termination of the term of supervision, the court may, after a
dispositional hearing and after considering any pertinent policy statements promulgated by
the Sentencing Commission pursuant to section 994 of title 18, revoke the term of
supervision and order a term of official detention. The term of official detention which is
authorized upon revocation of juvenile delinquent supervision shall not exceed the term
authorized in section 5037(c)(2)(A) and (B), less any term of official detention previously
ordered. The application of sections 5037(c)(2) (A) and (B) shall be determined based upon
the age of the juvenile at the time of the disposition of the revocation proceeding. If a
juvenile is over the age of 21 years old at the time of the revocation proceeding, the
mandatory revocation provisions of section 3565(b) are applicable. A disposition of a
juvenile who is over the age of 21 years old shall be in accordance with the provisions of
section 5037(c)(2), except that in the case of a juvenile who if convicted as an adult would
be convicted of a Class A, B, or C felony, no term of official detention may continue beyond
the juvenile's 26th birthday, and in any other case, no term of official detention may
continue beyond the juvenile's 24th birthday.
“(6) When a term of juvenile delinquent supervision is revoked and the juvenile is
committed to official detention, the court may include a requirement that the juvenile be
placed on a term of juvenile delinquent supervision. Any term of juvenile delinquent
supervision ordered following revocation for a juvenile who is over the age of 21 years old
at the time of the revocation proceeding shall be in accordance with the provisions of section
5037(d)(1), except that in the case of a juvenile who if convicted as an adult would be
convicted of a Class A, B, or C felony, no term of juvenile delinquent supervision may
continue beyond the juvenile's 26th birthday, and in any other case, no term of juvenile
delinquent supervision may continue beyond the juvenile's 24th birthday”).
The provisions relating to post release supervision were added in 2002 and do not
apply retroactively to cases involving earlier misconduct, United States v. JWT, 368 F.3d
994, 996-97 (8th Cir. 2004).
68 18 U.S.C. 5037(a)(“. . . In addition, the court may enter an order of restitution pursuant
to section 3556. . . ); United States v. Patrick V., 359 F.3d at 9.

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statutory counterpart.69
Juvenile Records and Conditions of Custody
One of the hallmarks of the Federal Juvenile Delinquency Act is its effort to
shield juveniles from some of the harsh consequences of exposure to the criminal
justice system. Before and after arrest, before and after conviction, it refuses to allow
juveniles to be interspersed with adults who are awaiting trial for or have been
convicted of criminal offenses.70 In the same spirit, ordinarily federal juvenile records
are sealed for all purposes other than judicial inquiries, law enforcement needs,
juvenile treatment requirements, employment in a position raising national security
concerns, and disposition questions from victims.71
Juveniles Tried as Adults
Juveniles transferred for trial as adults in federal court are essentially treated as
adults, with few distinctions afforded or required because of their age. Even the
sentence guidelines instruct sentencing judges that an offender’s youth is not
ordinarily a permissible ground for reduction of the otherwise application sentencing
69 “The term for which probation may be ordered for a juvenile found to be a juvenile
delinquent may not extend – (1) in the case of a juvenile who is less than eighteen years old,
beyond the lesser of – (A) the date when the juvenile becomes twenty-one years old; or (B)
the maximum term that would be authorized by section 3561(b) if the juvenile had been
tried and convicted as an adult [5 years except for infractions which carry a 1 year
maximum]; or
“(2) in the case of a juvenile who is between eighteen and twenty-one years old, the
lesser of – (A) three years; or (B) the maximum term that would be authorized by section
3561(b) if the juvenile had been tried and convicted as an adult.
“The provisions dealing with probation [for adults] set forth in sections 3564, 3564,
and 3565 [relating to the conditions, running and revocation of probation respectively] are
applicable to an order placing a juvenile on probation.” 18 U.S.C. 5037(b).
70 18 U.S.C. 5035 (“. . . The Attorney General shall not cause any juvenile alleged to be
delinquent to be detained or confined in any institution in which the juvenile has regular
contact with adult persons convicted of a crime or awaiting trial on criminal charges. . . .”);
18 U.S.C. 5039 (“No juvenile committed to the custody of the Attorney General may be
placed or retained in an adult jail or correctional institution in which he has regular contact
with adults incarcerated because they have been convicted of a crime or are awaiting trial
on criminal charges. . . .”).
The United States has long encouraged the states to adhere to a similar principle, 42
U.S.C. 5633(a)(13)(state plan requirements for Juvenile Justice and Delinquency Prevention
formula grants).
71 18 U.S.C. 5038. Section 5038 does not render otherwise admissible evidence of juvenile
proceedings inadmissible in criminal proceedings, United States v. Jefferson, 215 F.3d 820,
824-25 (8th Cir. 2000). Moreover, in response to media requests the court will balance the
competing interests which weigh heavily in fact of confidentiality, In re Washington Post
Motion
, 247 F.Supp.2d 761, 762-64 (D.Md. 2003)(unsealing some records but refusing to
open others where the juvenile had been charged as an adult in another jurisdiction).

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guideline range.72 The most obvious exception to this general rule is that the death
penalty may not be imposed as punishment for a crime committed by a juvenile.73
Appendices
I. JURISDICTIONAL AGE FOR STATE JUVENILE COURTS
AS WELL AS AGE AND CRIMES THAT TRIGGER
TRANSFERS OR WAIVERS OF JUVENILE COURT
JURISDICTION
Alabama: (Under 18) Ala. Code §§12-15-1, 12-15-30, 12-15-34.1
The juvenile court has no jurisdiction (1) over juveniles previous convicted as
adults on charges of which the juvenile court has no jurisdiction, or (2) over juveniles
who when 16 years of age or older are alleged to have committed a capital offense, a
class A felony, a felony involving use of a deadly weapon, a felony one of whose
elements is causing death or serious injury, a involving the use of a dangerous weapon
against a person in authority (police officer, teacher, etc), or drug trafficking.
Waiver or transfer of juvenile court jurisdiction: 14 or older, any crime, Ala.
Code §12-15-34
Alaska: (Under 18) Alaska Stat. §§47.12.020, 47.12.030
The juvenile court has no jurisdiction over juveniles who when 16 years of age
or older are alleged to have committed an unclassified felony (e.g., murder,
manslaughter, rape), a class A felony (e.g. first degree kidnaping, first degree robbery,
first degree assault), first degree arson, or a class B felony involving the use of deadly
weapon by a juvenile previously convicted (or adjudged delinquent) of a crime against
an individual involving the use of a deadly weapon).
Waiver or transfer of juvenile court jurisdiction: any age, any crime, Alaska
Stat. §47.12.100
Arizona: (Under 18) Ariz.Rev.Stat.Ann. §§8-201, 8-202, 13-501
Juveniles 15 years of age or older must be tried as adults for 1st or 2d degree
murder, forcible sexual assault, armed robbery, a violent felony, being a chronic
felony offender (a juvenile previously convicted of a felony dangerous to children or
72 “Age (including youth) is not ordinarily relevant in determining whether a sentence
should be outside the applicable guideline range. Age may be a reason to impose a sentence
below the applicable guideline range when the offender is elderly and infirm and where a
form of punishment such as home confinement might to equally efficient as and less costly
than incarceration. Physical condition, which may be related to age, is addressed in §5H1.4
(Physical Condition, Including drug or Alcohol Dependence or Abuse),” 18 U.S.S.G.
§5H1.1(emphasis added); United States v. Caldwell, 219 F.3d 1186, 1192-193 (10th Cir.
2000); United States v. Wong, 40 F.3d at 1382 (2d Cir. 1994); United States v. Talk, 13 F.3d
369, 371 (10th Cir. 1993).
73 “A defendant who has been found guilty of [a capital offense] shall be sentenced to death
if . . . it is determined that imposition of a sentence of death is justified, except that no
person may be sentenced to death who was less than 18 years of age at the time of the
offense
,” 18 U.S.C. 3591(a)(emphasis added).

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involving infliction of serious physical injury or the use of dangerous weapon);
juveniles 14 years of age or older may be tried as tried as adults for any class 1 or 2
felony; any class 3 felony involving a violation of homicide, assault, kidnaping, sexual
offense, burglary, property damage or arson laws; or any class 3, 4, 5 or 6 felony
involving an intent to seriously injure
Waiver or transfer of juvenile court jurisdiction: any felony, any age,
Ariz.Rev.Stat.Ann. §8-327
Arkansas: (Under 18) Ark.Code §§9-27-303, 9-27-306, 9-27-318
The juvenile and criminal courts have concurrent jurisdiction over juveniles who
(1) when 14 years of age or older are alleged to have committed murder, kidnaping,
aggravated robbery, rape, first degree battery, or a terroristic act, or (2) when 16 years
of age or older are alleged to have committed a felony
Waiver or transfer of juvenile court jurisdiction: juveniles 14 years of age or
older when they are alleged to have committed (1) second degree murder, second
degree battery, handgun possession, aggravated assault, driveby shooting, commission
of a felony while armed with a firearm, street gang recruiting, criminal use of
prohibited weapons, first or second degree escape; or (2) attempt or conspiracy to
commit murder, kidnaping, aggravated robbery, rape, first degree battery, or first or
second degree escape; or (3) within the previous 2 years been found delinquent on the
basis of at least 3 felonies, Ark.Code Ann. §9-27-318
California: (Under 18) Cal.Wel. & Inst. Code §602, 707
Juveniles charged with various sex crimes committed under circumstances listed
in the One Strike Law (Penal Code 667.61(d),(e)) or murder, purported committed
when they were 14 or older must be tried as adults. Prosecutors may invoke
concurrent criminal court jurisdiction in the case of a juvenile: (1) 14 or older at the
time of the offense, charged with (a) a crime punishable by death or life imprisonment,
(b) use of a firearm in the commission of a felony, or (c) one of 30 serious violent
felonies (kidnaping, rape, robbery, arson, burglary, etc.) (i) after a previous
delinquency finding based on one of the 30, or (ii) relating to gang activity, or (iii) as
a hate crime, or (iv) against an elderly victim; or (2) 16 or older at the time offense,
and (a) charged with one of the 30 serious violent felonies, or (b) previously found
delinquent and charged with (i) a felony against a elderly victim, (ii) a hate crime
felony, or (iii) a gang related offense
Waiver or transfer of juvenile court jurisdiction: 14 or older, one of the 30
serious violent felonies; 16 or older, (1) any felony having previously found
delinquent on the basis of two or more felonies committed when 14 or older; or (2)
any offense not one of the 30 serious violent felonies, Cal.Wel.& Inst.Code §707
Colorado: (Under 18) Colo.Rev.Stat. §§19-1-103, 19-1-104, 19-2-103, 19-2-104, 19-
2-517
The juvenile and criminal courts have concurrent jurisdiction over juveniles who
(A) when 14 years of age or older are alleged to have committed (1) a class 1 or class
2 felony (murder, rape, kidnaping), or (2) a violent felony or a firearms offense other
than simple possession, or a felony while armed with a firearm, or (3) a felony having
previously been transferred and convicted as an adult; or (B) when 16 years of age or
older are alleged to have committed a class 3 felony having within 2 years been found
delinquent based upon a felony.

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Waiver or transfer of juvenile court jurisdiction: 14 or older, any felony; or 12
or older, any class 1 or class 2 felony, or any violent felony, Colo.Rev.Stat. §19-2-518
Connecticut: (Under 16) Conn.Gen.Stat.Ann. §46b-120
Waiver or transfer of juvenile court jurisdiction: mandatory: 14 or older, capital
felony or an A or B felony (prosecutors may petition criminal court to proceed in
juvenile court in the case of B felonies);
discretionary: 14 or older, C or D felony, Conn.Gen.Stat.Ann. §§46b-127
Delaware: (Under 18) Del.Code tit.10 §§901, 921, 922
The juvenile court has no jurisdiction over a juvenile alleged to have committed
a murder, rape or kidnaping or have attempted to do so
Waiver or transfer of juvenile court jurisdiction: 16 or older, manslaughter, first
or second degree robbery, first degree burglary, first degree arson; or 16 or older (if
previously adjudged delinquent), first degree conspiracy, first degree assault, or
trafficking in controlled substances; or 15 or older (if committed while an escapee),
any felony, Del.Code tit.10 §§1009, 1010
Florida: (Under 18) Fla.Stat.Ann. §§985.03, 985.201, 985.225
Juveniles indicted for a crime punishable by death or life imprisonment are tried
as adults
Waiver or transfer of juvenile court jurisdiction; mandatory: 14 or older, a
juvenile who is alleged to have (A) committed a violent crime against a person having
previously been found delinquent for committing, attempting to commit or conspiring
to commit murder, sexual battery, armed robbery, carjacking, home-invasion robbery,
aggravated battery, aggravated assault, or burglary involving an assault or battery; or
(B) committed a felony having previously been adjudicated delinquent on the bases
of felonies on 3 occasions (including one or more involving possession of a firearm
or violence against a persons);
discretionary: 14 or older, any crime, Fla.Stat.Ann. 985.226
Georgia: (Under 17) Ga.Code Ann. §§15-11-2, 15-11-28
The juvenile courts have jurisdiction over juveniles 13 or over – alleged to have
committed murder, voluntary manslaughter, rape, aggravated sodomy, aggravated
child molestation, aggravated sexual battery or armed robbery with a firearm – only
if transferred for extraordinary cause from the courts with general adult criminal
jurisdiction; otherwise they enjoy concurrent jurisdiction with respect to juveniles
alleged to have committed an offense punishable by death or life imprisonment; and
exclusive jurisdiction over other juveniles in other delinquency cases
Waiver or transfer of juvenile court jurisdiction: mandatory: 14 or older, a
juvenile who is alleged to have committed murder, voluntary manslaughter,
aggravated assault, or aggravated battery; discretionary: 15 or older, any crime; 13 or
older alleged to have committed aggravated battery resulting in injury or a crime
punishable by death or life imprisonment, Ga. Code Ann. §15-11-30.2
Hawaii: (Under 18) Hawaii Rev.Stat. §571-11
Waiver or transfer of juvenile court jurisdiction: any age, first or second degree
murder or attempted murder; 14 or older, felony resulting in serious bodily injury, a
class A felony, felony by a juvenile previously found delinquent for commission of
a felony; any 16 or older, any felony, Hawaii Rev.Stat. §571-22

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Idaho: (Under 18) Idaho Code §§20-502, 20-505, 20-509
Juveniles, 14 years of age or older, must be tried as adults if charged with the
commission of, or assault with intent to commit, murder, attempted murder, robbery,
rape, or sodomy; mayhem; or drug dealing near a school or park
Waiver or transfer of juvenile court jurisdiction: under 14: commission of, or
assault with intent to commit, murder, attempted murder, robbery, rape, or sodomy;
mayhem; or drug dealing near a school or park; 14 or older: any other crime, Idaho
Code §20-508, 20-509
Illinois: (Under 17) Ill.Comp.Stat.Ann. ch.705 §§405/5-105, 405/5-120, 405/5-130
Unless the prosecutor elects to proceed in juvenile court on the basis of a lesser
included offense, juvenile courts have no jurisdiction over juveniles (1) of any age
who have previously been convicted as adults; or (2) who when 13 years of age or
older are alleged to have committed first degree murder during the course of an
aggravated sexual assault, sexual assault, or aggravated kidnaping; or (3) who when
15 years of age or older are alleged to have committed first degree murder, aggravated
sexual assault, aggravated battery with a firearm in a school zone, armed robbery with
a firearm, carjacking committed with a firearm, drug trafficking in a school zone,
possession of various prohibited weapons or aggravated kidnaping, escape or bail
jumping
Waiver or transfer of juvenile court jurisdiction: mandatory: 15 or older; (1) a
forcible felony in furtherance of criminal gang activity by a juvenile previously found
delinquent on the basis of a felony, or (2) a felony in furtherance of criminal gang
activity by a juvenile previously found delinquent on the basis of a forcible felony, or
(3) an offense which would be presumptive grounds for a transfer by a juvenile
previously found delinquent on the basis of a forcible felony, or (4) discharging a
firearm within a school zone
presumptive: 15 or older; class X felony, aggravated discharge of a firearm,
armed firearm violence in furtherance of drug trafficking or a gang-related class 1 or
2 felony, or armed violence involving a machine gun
discretionary: 13 or older, any crime, Ill.Comp.Stat.Ann. ch.705 §405/5-805
Indiana: (Under 18) Ind.Code Ann. §§31-30-1-1, 31-30-1-4, 31-37-2-1
The juvenile court has no jurisdiction over a juvenile alleged (when 16 or older)
to have committed murder, kidnaping, rape, sodomy, armed robbery, robbery resulting
in bodily injury, carjacking, criminal gang activity or intimidation, carrying a handgun
without a license, handgun offenses involving children, dealing in sawed-off shotguns,
or dealing in controlled substances
Waiver or transfer of juvenile court jurisdiction: any age, any felony (with a prior
adult conviction); 10 or older, murder; 14 or older, any crime committed in a heinous
or aggravated manner as part of a pattern of delinquent activity; 16 or older, any Class
A or B felony, controlled substance felony, involuntary manslaughter or reckless
homicide, Ind.Code Ann. §§31-30-3-2 to 31-30-3-6
Iowa: (Under 18) Iowa Code Ann. §§232.2, 232.8
The juvenile court has no jurisdiction over a juvenile who when 16 years of age
of older is alleged to have committed a weapons offense or a forcible felony unless
jurisdiction is waived by the criminal court
Waiver or transfer of juvenile court jurisdiction: 14 or older, any crime, Iowa
Code Ann. §232.45

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Kansas: (Under 18) Kan.Stat.Ann. §38-1602
The juvenile courts have no jurisdiction over juveniles who have previously been
convicted as adult or of aggravated juvenile delinquency
Waiver or transfer of juvenile court jurisdiction: any age, any felony after having
been previously convicted or adjudicated delinquent for felonious misconduct; 14 or
older, any offgrid offense (1st degree murder), “person felony” with a severity level
of 1 through 6 (i.e., a serious felony against a person such as aggravated arson,
aggravated burglary, rape, manslaughter, kidnaping), drug trafficking, offense
committed while armed with a firearm, n individual, (Class A and B felonies); 16 or
older (other crimes), Kan.Stat.Ann. §38-1636
Kentucky: (Under 18) Ky.Rev.Stat. §§600.020, 610.010
Waiver or transfer of juvenile court jurisdiction: any age, any crime; mandatory:
(upon motion of the prosecutor) – an 14 or older (murder, A and B felonies, felony
committed while armed with a gun); 16 or older © and D felonies) Ky.Rev.Stat.
§635.020
Louisiana: (Under 17) La.Child.Code arts. 116, 303, 305
The juvenile courts have no jurisdiction over juveniles who when 15 years of age
or older are alleged to have committed murder, attempted murder, manslaughter, rape,
kidnaping, burglary, armed robbery, battery, assault with a firearm, or a second or
subsequent drug dealing offense
Waiver or transfer of juvenile court jurisdiction: 14 or older; murder, rape,
armed robbery, aggravated assault with a firearm, kidnaping, La.Child.Code art. 857
Maine: (Under 18) Me.Rev.Stat.Ann. ch.15 §§3003, 3101
Waiver or transfer of juvenile court jurisdiction: any age, murder, class A, B or
C felonies, Me.Rev.Stat.Ann. ch.15 §3101
Maryland: (Under 18) Md.Cts. & Jud.Proc.Code Ann. §§3-8A-01, 3-8A-03
The juvenile courts have no jurisdiction over juveniles (1) who when 14 years
of age or older are alleged to have committed a crime punishable by death or life
imprisonment; (2) who when 16 years of age or older are alleged to have committed
a kidnaping, manslaughter, mayhem, rape, armed robbery, drug trafficking, carjacking,
firearms offenses, or attempts to commit murder, rape, or robbery; or (3) alleged to
have committed a felony having previously been convicted of a felony as an adult
Waiver or transfer of juvenile court jurisdiction: any age, crime punishable by
death or life imprisonment; 15 or older, any other crime, Md.Cts. & Jud.Proc.Code
§3-8A-06
Massachusetts: (Under 17) Mass.Gen.Laws Ann. ch.119 §§52, 54
The juvenile and criminal courts have concurrent jurisdiction over juveniles who
when 14 years of age or older (1) are alleged to have committed an offense involving
the infliction of serious bodily harm or a firearms offense, or (2) having previously
been found delinquent are alleged to have committed a felony
Michigan: (Under 17) Mich.Comp.Laws Ann. §712A.2
At the election of the prosecutor, juvenile and criminal courts have concurrent
jurisdiction over juveniles who when 14 years of age or older are alleged to have
committed, or attempted or conspired to commit, or solicited the commission of:

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arson, murder, kidnaping, rape, armed robbery, breaking and entering while armed
with a dangerous weapon, escape, drug trafficking, or assault with intent to commit
murder, maim or robbery
Waiver or transfer of juvenile court jurisdiction: 14 or older, any felony,
Mich.Comp.Laws Ann. §712A.4
Minnesota: (Under 18) Minn.Stat.Ann. §§260B.007, 260.111
The juvenile courts have no jurisdiction over juveniles who when 16 years of age
or older are alleged to have committed murder
Waiver or transfer of juvenile court jurisdiction: 14 or older, any felony,
Minn.Stat.Ann. §260B.125
Mississippi: (Under 18) Miss.Code §§43-21-105, 43-21-151
The juvenile courts have no jurisdiction over juveniles alleged to have committed
a crime punishable by death or life imprisonment or a firearm felony
Waiver or transfer of juvenile court jurisdiction: 13 or older, any crime,
Miss.Code §43-21-157
Missouri: (Under 17) Mo.Ann.Stat. §§211.021, 211.031
Waiver or transfer of juvenile court jurisdiction: 12 or older, any felony,
Mo.Ann.Stat. §211.071
Montana: (Under 18) Mont.Code Ann. §§41-5-103, 41-5-203
Waiver or transfer of juvenile court jurisdiction: 12 or older (rape, murder,
attempted murder, or assault on a peace officer); 16 or older (commission or attempted
commission of manslaughter, arson, assault, robbery, burglary, kidnaping, drug
dealing, explosives offenses, escape, gang recruitment), Mont.Code Ann. §41-5-206
Nebraska: (Under 18) Neb.Rev.Stat. §§43-245, 43-247
Juvenile and criminal courts have concurrent felony jurisdiction over juveniles
Nevada: (Under 18) Nev.Rev.Stat. §§62A.030, 62B.330
Juveniles courts have no jurisdiction over juveniles alleged to committed (1)
murder or attempted murder; or (2) any crime, having previously been convicted for
a criminal offense; or (3) a dangerous felony in a school or on a school bus resulting
in a death or substantial injury; or (4) who when 16 years of age or older and, having
previously been adjudged delinquent in connection with a felony, are alleged have
committed a sexual assault involving the use or threat of force or violence or an
offense or attempted offense involving the use of deadly weapon)
Waiver or transfer of juvenile court jurisdiction: 14 or older, any felony,
Nev.Rev.Stat. §62B.390
New Hampshire: (Under 17) N.H.Rev.Stat.Ann. §§169-B:2, 169-B:3
Waiver or transfer of juvenile court jurisdiction: any age, any felony,
N.H.Rev.Stat.Ann. §169-B:24
New Jersey: (Under 18) N.J.Stat.Ann. §§2A:4A-22; 2A:4A-23
Waiver or transfer of juvenile court jurisdiction: 14 or older (murder, robbery,
rape, kidnaping, arson, violent crime, drug dealing, car theft, 2d delinquency finding),
N.J.Stat.Ann. 2A:4A-26

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New Mexico: (Under 18) N.M.Stat.Ann. §§32A-1-4, 32A-1-8, 32A-2-3 Juvenile
courts have no jurisdiction over (a serious youthful offender) a juvenile who when 15
years of age or older is alleged to have committed first degree murder
Waiver or transfer of juvenile court jurisdiction: None, but “youthful offenders”
are subject to more severe dispositional alternatives than are “delinquent offenders;”
youthful offenders include juveniles (1) who when 14 years of age or older have been
found to have committed second degree murder, assault with intent to commit a
violent felony, driveby shooting, explosives offenses, kidnaping, battery, rape,
robbery, arson; (2) who when 14 years of age or older and, having with 3 years had
3 separate felony adjudications, have been found to have committed a felony; or (3)
who when 14 years of age committed first degree murder, N.M.Stat.Ann. §§32A-2-3,
32A-2-20
New York: (Under 16) N.Y.Fam.Law §§301.2, 302.1; N.Y.Crim.Pro.Law 725.00;
N.Y.Pen. Law §30.00
Juvenile courts have exclusive jurisdiction to determine delinquency;
delinquency is limited to those under 16 years of age who (1) by operation of the
infancy defense may not be subject to criminal prosecution or (2) over whose conduct
jurisdiction has been removed from the criminal courts; the infancy defense is
unavailable to juveniles (i.e. those under 16) who when 13 years of age or older are
alleged to have committed murder, or who when 14 years of age of older are alleged
to have committed first degree kidnaping, first and second degree arson, first degree
assault, first degree manslaughter, first degree rape, first degree sodomy, aggravated
sexual abuse, first and second degree burglary, first and second degree robbery,
attempted murder or kidnaping, or possession of a firearm in a school zone, but adult
criminal courts may remove cases involving such juveniles to the juvenile courts
North Carolina: (Under 16) N.C.Gen.Stat. §§7B-1501, 7B-1601
Waiver or transfer of juvenile court jurisdiction: 13 or older, any felony (transfer
is required for Class A felonies), N.C.Gen.Stat. §7B-2200
North Dakota: (Under 18) N.D.Cent.Code §§27-20-02, 27-20-03
Waiver or transfer of juvenile court jurisdiction: mandatory: 14 or older, murder,
attempted murder, gross sexual imposition, attempted gross sexual imposition, or
major drug trafficking;
discretionary: 14 or older, any other crime, N.D.Cent.Code §27-20-34
Ohio: (Under 18) Ohio Rev.Code §§2151.01.1, 2151.23, 2152.02
Waiver or transfer of juvenile court jurisdiction: mandatory: 16 or older, murder
or attempted murder (category 1 offense); 16 or older, (if committed while armed or
previously found delinquent for a category 2 offense): voluntary manslaughter, rape,
arson, armed robbery, or burglary (category 2 offenses); 14 or older, murder or
attempted murder (if previous found delinquent for a category 1 or 2 offense);
discretionary: 14 or older, any other felony, Ohio Rev.Code 2152.10
Oklahoma: (Under 18) Okla.Stat.Ann. tit.10 §§7303-4.3, 7306-1.1
Juvenile courts have no jurisdiction over juveniles (1) who when 13 years of age
or older are alleged to have committed murder, or (2) who when 16 of age or older are
alleged to have committed manslaughter, kidnaping, rape, armed robbery, burglary,
assault, arson, sodomy, driveby shooting, witness intimidation, or drug dealing

CRS-24
Waiver or transfer of juvenile court jurisdiction: any age, any felony,
Okla.Stat.Ann. tit.10 §7303-4.3
Oregon: (Under 18) Ore.Rev.Stat. §419C.005
Juveniles charged with murder, attempted murder, conspiracy to murder,
manslaughter, assault, kidnaping, rape, sodomy, child molestation, robbery, arson,
sexual exploitation of a child, or compelling prostitution purported committed when
15 older are tried as adults, Ore.Rev.Stat. §137.707
Waiver or transfer of juvenile court jurisdiction: 15 or older, any crime; under
15, murder, first degree rape, first degree sodomy, first degree unlawful sexual
penetration, Ore.Rev.Stat. §§419C.349, 419C.352
Pennsylvania: (Under 18) Pa.Stat.Ann. tit.42 §6302, 6322, 6355
Juvenile courts have no jurisdiction over juveniles (1) alleged to have committed
murder, or (2) who when 15 years of age or older are alleged to have used a dangerous
weapon to commit, attempt to commit, conspire to commit, or solicit the commission
of: rape, deviate sexual intercourse, aggravated assault, robbery, aggravated indecent
assault, kidnaping, voluntary manslaughter, (3) who when 15 years of age or older are
alleged to have committed one of the offenses listed in (2) having previously been
found delinquent or convicted for commission of an offense from the list)
Waiver or transfer of juvenile court jurisdiction: 14 or older, any crime,
Pa.Stat.Ann. tit.42 §6355
Rhode Island: (Under 18) R.I.Gen.Laws §§14-1-3, 14-1-5
Juvenile court has no jurisdiction over juveniles 17 or older when there is
probable cause to believe they have committed murder, rape or assault with intent to
murder
Waiver or transfer of juvenile court jurisdiction: any age, crimes punishable by
life imprisonment; 16 or older (all other felonies), R.I.Gen.Laws §14-1-7
South Carolina: (Under 17) S.C.Code §20-7-400, 20-7-6605
Prosecutors may elect between the concurrent jurisdiction of the juvenile and
criminal courts over juveniles who when 16 years of age or older are alleged to have
committed an A,B,C or D felony or a felony punishable by a maximum of
imprisonment for 15 years or more
Waiver or transfer of juvenile court jurisdiction: 14 or older (Class A, B, C, or
D felony or a felony punishable by imprisonment for a maximum of 15 years or
more); 16 or older (Class E or F felony or a felony punishable by imprisonment for a
maximum of 10 years or less), S.C.Code §20-7-7605
South Dakota: (Under 18) S.D.Comp.Laws §§26-7A-1, 26-8C-2, 26-11-3.1
Juveniles 16 or older and charged with commission for class A, B, 1 or 2 felonies
must be tried as adults unless transferred to juvenile court
Waiver or transfer of juvenile court jurisdiction: any age, any felony,
S.D.Comp.Laws §26-11-4
Tennessee: (Under 18) Tenn.Code Ann. §§37-1-102, 37-1-103
Waiver or transfer of juvenile court jurisdiction: any age (commission or
attempted commission of murder, rape, robbery, kidnaping); 16 or older (other
crimes), Tenn.Code Ann. §37-1-134

CRS-25
Texas: (Under 17) Tex.Fam.Code. §§51.02 to 51.04
Waiver or transfer of juvenile court jurisdiction: 14 or older (capital felony or
aggravated controlled substance felony or first degree felony); 15 of older (second or
third degree felony), Tex.Fam.Code. §54.02
Utah: (Under 18) Utah Code Ann. §§78-3a-103, 78-3a-104, 78-3a-601
Juvenile courts have no jurisdiction over a juvenile who when 16 of age or older
is alleged to have committed (1) a murder or (2) aggravated murder, or (3) a felony
having previously been incarcerated for misconduct
Waiver or transfer of juvenile court jurisdiction: any age, any felony, Utah Code
Ann. §78-3a-603
Vermont: (Under 16) Vt.Stat.Ann. tit.33 §§5502, 5503
Waiver or transfer of juvenile court jurisdiction: 10 to 14 (arson causing death,
assault, robbery, murder, manslaughter, kidnaping, maiming, rape, burglary); 14 to 16
(juvenile and criminal courts have concurrent jurisdiction over all crimes upon which
waiver may be based for juveniles under 14), Vt.Stat.Ann. tit.33 §§5505, 5506
Virginia: (Under 18), Va.Code §§16.1-228, 16.1-241
Juvenile court jurisdiction is limited to conducting a preliminary hearing in any
case alleging murder or malicious wounding when the juvenile was 14 or older or, at
the prosecutor’s election, in any case alleging kidnaping, poisoning, rape, robbery,
sodomy or carjacking when the juvenile was 14 or older
Waiver or transfer of juvenile court jurisdiction: 14 or older, any felony,
Va.Code §§16.1-269.1, 16.1-241
Washington: (Under 18) Wash.Rev.Code Ann. §§13.04.011, 13.04.030, 13.40.020
Juvenile courts have no jurisdiction over juveniles 16 or older and alleged to
committed (1) serious violent felonies (murder, assault, kidnaping, rape, or assault of
a child), (2) violent felonies (class A felony, manslaughter, arson, extortion, robbery)
by juveniles armed with a gun or with a prior serious violent felony or two of more
prior violent felonies or three of more class A or B felonies), or (3) armed robbery,
rape of a child, driveby shooting, or (if previously found delinquent on the basis of a
crime) burglary
Waiver or transfer of juvenile court jurisdiction: 15 or older (class A felony or
attempt or conspiracy to commit a class A felony); 17 (assault, extortion, child
molestation, kidnaping, robbery), Wash.Rev.Code Ann. §13.40.110
West Virginia: (Under 18) W.Va.Code §§49-5-1, 49-5-2
Waiver or transfer of juvenile court jurisdiction: mandatory: (1) 14 or older,
murder, armed robbery, kidnaping, arson or rape, (2) 14 or older alleged to have
committed a violent felony having previously been found delinquent on the basis of
a violent felony, (3) 14 or older alleged to have committed a felony having twice
previously been found delinquent on the basis of a felony; discretionary: (1) any age,
drug trafficking, (2) under 14 when transfer would be mandatory if juvenile had been
14 or older when alleged misconduct occurred, (3) 14 or older, (a) any violent felony,
(b) any felony having previously been found to delinquent on the basis of a felony, or
(c) any felony while armed with a gun, W.Va.Code §49-5-10
Wisconsin: (Under 18) Wis.Stat.Ann. §§938.02, 938.12, 938.183

CRS-26
Juvenile courts have no jurisdiction over juveniles (1) alleged to have committed
an assault while confinement, or (2) when 10 years of age or older are alleged to have
committed murder or attempted murder, or (3) have previously been convicted as
adults
Waiver or transfer of juvenile court jurisdiction: 14 or older (murder,
manslaughter, rape, kidnaping, burglary, or felony committed on behalf of a criminal
gang); 15 or older (other crimes), Wis.Stat.Ann.§938.18
Wyoming: (Under 18) Wyo.Stat. §§14-1-101, 14-6-201, 14-6-203
Juvenile court has exclusive jurisdiction over cases involving juveniles under 13
alleged to have committed a felony or a misdemeanor punishable by imprisonment for
6 months or more); otherwise juvenile and criminal courts have concurrent
jurisdiction although cases must be begin in juvenile court except where the juvenile
is 17 or older, or was 14 or older and is alleged to have committed a violent felony or
is alleged to have committed a felony and has twice previously been found delinquent
on the basis of felonious misconduct
Waiver or transfer of juvenile court jurisdiction: any age, any crime, Wyo.Stat.
§§14-1-101, 14-6-237
II. BIBLIOGRAPHY
Books & Articles
Ainsworth, Re-Imagining Childhood and Reconstructing the Legal Order: The Case
for Abolishing the Juvenile Court
, 69 NORTH CAROLINA LAW REVIEW 1083 (1991)
American Bar Association, JUVENILE JUSTICE STANDARDS (1980)
STANDARDS RELATING TO ADJUDICATION
STANDARDS RELATING TO APPEALS AND COLLATERAL REVIEW
STANDARDS RELATING TO COUNSEL FOR PRIVATE PARTIES
STANDARDS RELATING TO COURT ORGANIZATION AND ADMINISTRATION
STANDARDS RELATING TO DISPOSITIONS
STANDARDS RELATING TO DISPOSITIONAL PROCEDURES
STANDARDS RELATING TO INTERIM STATUS
STANDARDS RELATING TO THE JUVENILE PROBATION FUNCTION
STANDARDS RELATING TO JUVENILE RECORDS AND INFORMATION SYSTEMS
STANDARDS RELATING TO PROSECUTION
Butts, Speedy Trial in the Juvenile Court, 23 AMERICAN JOURNAL OF CRIMINAL LAW
515 (1996)
Brink, Immaturity, Normative Competence, and Juvenile Transfer: How (Not) to
Punish Minors for Major Crimes
, 82 TEXAS LAW REVIEW 1555 (2004)
Curriden, Hard Times for Bad Kids, 81 AMERICAN BAR ASSOCIATION JOURNAL 66
(1995)
DiFonzo, Parental Responsibility for Juvenile Crime, 80 OREGON LAW REVIEW 1
(2001)

CRS-27
Elsea, The Juvenile Crime Debate: Rehabilitation, Punishment, or Prevention, 5
KANSAS JOURNAL OF LAW & PUBLIC POLICY 135 (1995)
Fagan & Deschenes, Determinants of Judicial Waiver Decisions for Violent Juvenile
Offenders
, 81 JOURNAL OF CRIMINAL LAW & CRIMINOLOGY 314 (1990)
Feld, Competence, Culpability, and Punishment: Implications of Atkins for Executing
and Sentencing Adolescents
, 32 HOFSTRA LAW REVIEW 463 (2003)
, The Constitutional Tension Between Apprendi and McKeiver: Sentence
Enhancements Based on ?Delinquency Convictions and the Quality of Justice in
Juvenile Courts
, 38 WAKE FOREST LAW REVIEW 1111 (2003)
, The Juvenile Court Meets the Principle of Offense: Punishment, Treatment, and
the Difference It Makes
, 68 BOSTON UNIVERSITY LAW REVIEW 821 (1988).
, The Transformation of Juvenile Court, 75 MINNESOTA LAW REVIEW 691 (1991)
, The Transformation of the Juvenile Court - Part II: Race and the “Crack Down”
on Youth Crime
, 84 MINNESOTA LAW REVIEW 327 (1999)
, Violent Youth and Public Policy: A Case Study of Juvenile Justice Reform, 79
MINNESOTA LAW REVIEW 965 (1995)
Funk, A Mere Youthful Indiscretion? Reexamining the Policy of Expunging Juvenile
Delinquency Records
, 29 UNIVERSITY OF MICHIGAN JOURNAL OF LAW REFORM 885
(1996)
Henning, Eroding Confidentiality in Delinquency Proceedings: Should Schools and
Public Housing Authorities Be Notified?
79 NEW YORK UNIVERSITY LAW REVIEW
520 (2004)
Hoffman, On the Perils of Line-Drawing: Juveniles and the Death Penalty, 40
HASTINGS LAW JOURNAL 229 (1989)
Marrus, Best Interests Equals Zealous Advocacy: A Not So Radical View of Holistic
Representation for Children Accused of Crime
, 62 MARYLAND LAW REVIEW 288
(2003)
, “That Isn’t Fair, Judge”: The Costs of Using Prior Juvenile Delinquency
Adjudications in Criminal Court Sentencing
, 40 HOUSTON LAW REVIEW 1323 (2004)
Martin, Conspiratorial Children? The Intersection of the Federal Juvenile
Delinquency Act and the Federal Conspiracy Law
, 74 BOSTON UNIVERSITY LAW
REVIEW 859 (1994)
McCarthy, The Serious Offender and Juvenile Court Reform: The Case for
Prosecutorial Waiver of Juvenile Court Jurisdiction
, 38 ST. LOUIS UNIVERSITY LAW
JOURNAL 629 (1994)

CRS-28
, Should Juvenile Delinquency Be Abolished? 23 CRIME & DELINQUENCY 196
(1977)
Melton, Taking Gault Seriously: Toward a New Juvenile Court, 68 NEBRASKA LAW
REVIEW 146 (1989)
Palmatier, Criminal Offenses by Juveniles on the Federal Installation: A Primer on
18 U.S.C. §5032
, ARMY LAWYER 3 (Jan. 1994)
Polashuk, Leaving Bad Enough Alone: A Response to the Juvenile Court Abolitionists,
1993 WISCONSIN LAW REVIEW 163
Rosenberg, Leaving Bad Enough Alone: A Response to the Juvenile Court
Abolitionists
, 1993 WISCONSIN LAW REVIEW 163
Rossum, Holding Juveniles Accountable: Reforming America’s “Juvenile Injustice
System
,” 22 PEPPERDINE LAW REVIEW 907 (1995)
Soler, Litigation on Behalf of Children in Adult Jails, 34 CRIME & DELINQUENCY 190
(1988)
Sanborn, The Right to a Public Jury Trial: A Need for Today’s Juvenile Court, 76
JUDICATURE 230 (1993)
Scott & Steinberg, Blaming Youth, 81 TEXAS LAW REVIEW 799 (2003)
Schwartz, Jackson-Beeck & Anderson, The Hidden System of Juvenile Control, 30
CRIME & DELINQUENCY 371 (1984)
Teitelbaum, Youth Crime and the Choice Between Rules and Standards, 1991
BRIGHAM YOUNG UNIVERSITY LAW REVIEW 351
Treatment, Under Federal Juvenile Delinquency Act (18 USCS §§ 5031-5042), of
Juvenile Alleged to Have Violated Law of United States
, 137 ALR FED 481
Walkover, The Infancy Defense in the New Juvenile Court, 31 UCLA LAW REVIEW
503 (1984)
Weithorn, Mental Hospitalization of Troublesome Youth: An Analysis of Skyrocketing
Admission Rates
, 40 STANFORD LAW REVIEW 773 (1988)
Wind, The Quandary of Megan’s Law: When the Child Sex Offender Is a Child, 37
JOHN MARSHALL LAW REVIEW 73 (2003)
Notes & Comments
Confidentiality of Juvenile Proceedings vs. The First Amendment Guarantee of Public
Access: Does the Federal Juvenile Delinquency Act Require Closed Proceedings?
23
JOURNAL OF JUVENILE LAW 79 (2003)

CRS-29
Dennis the Menace or Billy the Kid: An Analysis of the Role of Transfer to Criminal
Court in Juvenile Justice
, 35 AMERICAN CRIMINAL LAW REVIEW 371 (1998)
The Federal Circle Game: The Precarious Constitutional Status of Status Offenders,
7 COOLEY LAW REVIEW 31 (1990)
The Federal Juvenile Delinquency Act: A Disparate Impact on Native American
Juveniles
, 84 MINNESOTA LAW REVIEW 473 (1999)
Federal Juvenile Waiver Practices: A Contextual Approach to the Consideration of
Prior Delinquency Records
, 68 FORDHAM LAW REVIEW 1329 (2000)
Following the Lead of the Indian Child Welfare Act: Expanding Tribal Court
Jurisdiction Over Native American Juvenile Delinquents
, 69 SOUTHERN CALIFORNIA
LAW REVIEW 1191 (1996)
“I Didn’t Do It, I Was Forced to Say That I Did”: The Problem of Coerced Juvenile
Confessions, and Proposed Federal Legislation to Prevent Them
, 47 HOWARD LAW
JOURNAL 395 (2004)
Improving the “Kangaroo Courts”: A Proposal for Reform in Evaluating Juveniles’
Waiver of Miranda
, 48 VILLANOVA LAW REVIEW 629 (2003)
Innocence Lost: The Detrimental Effect of Automatic Waiver Statutes on Juvenile
Justice
, 41 BRANDEIS LAW JOURNAL 977 (2003)
In re Stanford: Do Evolving Standards of Decency Under Eighth Amendment
Jurisprudence Render Capital Punishment Inapposite for Juvenile Offenders?
48
SOUTH DAKOTA LAW REVIEW 327 (2003)
Interpreting “Prior Record” Under the Federal Juvenile Delinquency Act, 67
UNIVERSITY OF CHICAGO LAW REVIEW 1431 (2000)
Is Lowering the Age at Which Juveniles Can Be Transferred to Adult Criminal Court
the Answer to Juvenile Crime: A State-by-State Assessment - The Age at Which a
Child Should Be Held Responsible for His or Her Actions Has Been Debated for
Centuries
, 37 SAN DIEGO LAW REVIEW 783 (2000)
Is the Trend to Expand Juvenile Transfer Statutes Just an Easy Answer to a Complex
Problem
, 26 UNIVERSITY OF TOLEDO LAW REVIEW 979 (1995)
Judicial Review & the Policy of Federal Abstention: A Juvenile’s Right to Ensure the
Existence of a “Substantial Federal Interest”
98 MICHIGAN LAW REVIEW 1007 (2000)
Juvenile Crime and Why Waiver Is Not the Answer, 42 FAMILY COURT REVIEW 583
(2004)
Juvenile (In)Justice: Congressional Attempts to Abrogate the Procedural Rights of
Juvenile Defendants
, 102 COLUMBIA LAW REVIEW 1051 (2002)

CRS-30
Juvenile Transfers to Criminal Court’: Whose Right Is It Anyway? 55 RUTGERS LAW
REVIEW 821 (2003)
Federal Juvenile Waiver Practices: A Contextual Approach to the Consideration of
Prior Delinquency Records
68 FORDHAM LAW REVIEW 1329 (2000).
Listen to the Children: The Decision to Transfer Juveniles to Adult Court 30
HARVARD CIVIL RIGHTS-CIVIL LIBERTIES LAW REVIEW 507 (1995)
Not Kids Anymore: A Need for Punishment and Deterrence in the Juvenile Justice
System
, 42 BOSTON COLLEGE LAW REVIEW 391 (2001)
Serious Consequences for Serious Juvenile Offenders: Do Juveniles Belong in Adult
Court?
30 OHIO NORTHERN UNIVERSITY LAW REVIEW 141 (2004)
There’s No Place Like Home: The Availability of Judicial Review Over Certification
Decisions Invoking Federal Jurisdiction Under the Juvenile Justice and Delinquency
Act
, 53 VANDERBILT LAW REVIEW 1311 (2000)
Toward Fundamental Fairness in the Kangaroo Courtroom: The Due Process Case
Against Statutes Presumptively Closing Juvenile Proceedings
, 54 VANDERBILT LAW
REVIEW 1751 (2001)
Violent Juvenile Offenders: Rethinking Federal Intervention in Juvenile Justice, 51
WASHINGTON UNIVERSITY JOURNAL OF URBAN AND CONTEMPORARY LAW 331
(1997)
Waiving Goodbye: Incarcerating Waived Juveniles in Adult Correctional Facilities
Will Not Reduce Crime
, 36 UNIVERSITY OF MICHIGAN JOURNAL OF LAW REFORM 653
(2003)
What to Do with the Sheep in Wolf’s Clothing: The Role of Rhetoric and reality About
Youth Offenders in the Constructive Dismantling of the Juvenile Justice System
, 148
UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1303 (2000)