48
Step by Step Guide to Juvenile Prosecutions
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NOTE: Sections 48-60 of this Manual are taken from a
monograph by Victor
Stone, Senior Legal Advisor, Criminal Division.
The federal statutes which govern proceedings against
juveniles are set
forth at 18 U.S.C. §§ 5031-5039. The statutes delineate:
who is
considered a juvenile under federal law, when a juvenile may be
treated as a
juvenile delinquent in federal court, when a juvenile may be
prosecuted as an
adult in federal court, and the procedures to be followed in each
case. We
provide here a guide to assist you, step by step, in making
preliminary
determinations whether to file charges against a juvenile and how
to proceed in
handling such cases.
49 Step 1 -- Determine Whether the
Subject is a
Juvenile
50 Statements Taken From Juveniles
51 Parental Notification
52 Routine Booking Photos and
Fingerprints
53 Publicity
54 Step 2 -- Determine the Appropriate
Forum
55 Step 3 -- Determine the Prior
Criminal History
56 Step 4 -- Consider Juvenile Custody
Issues
57 Step 5 -- Prepare Memorandum in
Support of a
Motion to Transfer a Juvenile to Adult Status
58 Step 6 -- Take the Necessary Steps
to Advance Your
Juvenile Case
59 Step 7 -- Prosecuting a Juvenile Who
Has Been
Ordered Transferred to Adult Status
60 Step 8 -- Proceeding Against a
Juvenile as a
Delinquent
[updated January 1998] [cited in USAM 9-8.230] | |