CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Fitness Hearing: Federal
8 Cards On This Topic:
  • Imposing sex offender reg. conditions on juveniles did not violate confidentiality provisions of FJDA where SORNA carves out narrow category of delinquents over age 14 convicted of certain aggravated sex crimes.
  • Dist. ct. made clearly erroneous findings under FJDA in determining to transfer juvenile charged with 2d degree murder to adult status.
  • District court made requisite findings under 18 USC 5032 and did not err in deciding to transfer D for adult prosecution.
  • District court did not plainly err in ordering D's transfer to adult prosecution without having all of his records in its possession per 18 USC 5032.
  • U.S. Atty may delegate authority to sign certifications to hear juvenile matters in fed. court to Asst. U.S. Atty serving as Acting U.S. Atty.
  • Transfer of juvenile to adult status based on defined and enumerated predicate offenses does not violate due process or equal protection.
  • M's certification for prosecution in fed. court sufficient, request for attorney ambiguous and failure to notify mother of his Miranda rights harmless error.
  • Court may not look beyond statute under which minor previously convicted to decide whether prior conduct was violent crime so as to trigger mandatory transfer to adult status.