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Step 3Determine the Juvenile's Prior
Criminal History
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If you make a tentative decision to prosecute a juvenile in
federal court,
you should initiate a prompt search for certified copies of any
prior criminal
convictions or delinquency adjudications. These must be obtained
and provided
to the court. Prior juvenile records of the defendant must be
provided to the
court before it can transfer the case to adult status or proceed to
sentencing
in a juvenile adjudication. If there are no such records, the
clerk of the
appropriate juvenile court must certify in writing that the
juvenile has no prior
record or that the record is unavailable and why. 18 U.S.C. §
5032 (tenth
paragraph).
The existence of a prior juvenile record is a critical factor
in the
court's determination whether to transfer a juvenile to adult
status under the
criteria set forth in the fifth paragraph of 18 U.S.C. § 5032.
It is also
evidence that the juvenile's response to prior juvenile treatment
was unavailing.
If the juvenile charged with certain specified offenses has
been previously
convicted or adjudicated guilty of certain specified offenses, the
granting of
the government's motion to transfer the juvenile to adult status is
mandatory.
See the fourth paragraph of 18 U.S.C. § 5032. In these
circumstances, the
court has no discretion to deny the juvenile's transfer to adult
status.
See United States v. David H., 29 F.3d 489 (9th Cir.
1994).
[cited in Criminal Resource Manual 48] | |