Can a juvenile court after a hearing transfer a case for criminal prosecution to adult criminal prosecution?

MultiRegion, United States of America

The following excerpt is from Toomey v. Clark, 876 F.2d 1433 (9th Cir. 1989):

1 In Washington, a juvenile court after a hearing may transfer a case for adult criminal prosecution upon finding that the declination would be in the best interest of the juvenile or the public. Wash.Rev.Code Ann. Sec. 13.40.110(2) (West Supp.1989). Its decision to decline jurisdiction is discretionary and subject to reversal only if exercised upon a ground clearly untenable or manifestly unreasonable. Toomey, 690 P.2d at 1178. It, however, must comply with certain due process requirements. Kent v. United States, 383 U.S. 541, 553, 86 S.Ct. 1045, 1053, 16 L.Ed.2d 84 (1966); State v. Holland, 98 Wash.2d 507, 515-16, 656 P.2d 1056, 1061-62 (1983) (list of factors a juvenile court should consider before waiving jurisdiction).

Other Questions


Is a Juvenile Court Order transferring a juvenile for trial as an adult appealable? (MultiRegion, United States of America)
Is there a due process violation in permitting a prosecutor to elect to prosecute under either the Criminal Code or the Criminal Prosecution Service Act? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
What is the test for appeal from an order transferring a juvenile to adult status for prosecution for first degree murder? (MultiRegion, United States of America)
Does the prosecution have the power to file a charge under both the Criminal Code and the Criminal Prosecution Service Code when more than one statute prohibits the conduct in question? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion challenging the terms of a Defendant's criminal sentence under the Criminal Code 2255? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Does the 9th Circuit have jurisdiction to hear a claim that a federal district court abused its discretion by sentencing a convicted criminal to a reduced sentence based on his criminal conviction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.