Grounds for waiving youth to adult court
Source:
Section 419C.349 — Grounds for waiving youth to adult court, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
Notes of Decisions
Under former similar statute
No particular formalities are required for the hearing. State v. Weidner, 6 Or App 317, 484 P2d 844, 487 P2d 1385 (1971)
The primary issue in the remand hearing is the prognosis for rehabilitation of a child if he is found to be in the jurisdiction of the court and subject to the rehabilitative programs available to the juvenile court. State v. Weidner, 6 Or App 317, 484 P2d 844, 487 P2d 1385 (1971)
An Oregon juvenile court may waive its jurisdiction over an Oregon juvenile who has committed an offense in another state, but the court does not have the power to transfer jurisdiction over the juvenile to a court in another state. State ex rel Juvenile Dept. v. Casteel, 18 Or App 70, 523 P2d 1039 (1974), Sup Ct review denied
Evidence of underlying offense and manner of its commission may be relevant to whether child is amenable to rehabilitation in juvenile system. State ex rel Juv. Dept. v. Dahl, 37 Or App 839, 588 P2d 132 (1978)
Where juvenile court denied motions to remand defendant, state could not circumvent juvenile court by indicting defendant in circuit court. State v. Thornton, 41 Or App 469, 599 P2d 1160 (1979)
Where district attorney intentionally delayed prosecution of juvenile offender until he was 18 in order to avoid remand, juvenile court retained initial jurisdiction over offender. State v. Scurlock, 286 Or 277, 593 P2d 1159 (1979)
Where defendant, Warm Springs Indian, was charged with federal offenses over which adult court of Oregon has no jurisdiction, he could not be remanded to state court. United States v. E.K., 471 F Supp 924 (1979)
Juvenile court may order psychological or psychiatric evaluations for use in making decision to remand child to adult court. State ex rel Juv. Dept. v. Engeweiler, 114 Or App 575, 836 P2d 157 (1992)
In general
Requirement that youth possess “sufficient sophistication and maturity to appreciate the nature and quality of the conduct involved” means that, in order to authorize waiver of youth under ORS 419C.352 or under this section, juvenile court must find, as factual determination, that youth possesses sufficient adult-like intellectual, social and emotional capabilities to have adult-like understanding of significance of youth’s conduct, including wrongfulness of that conduct and consequences for youth, victim and others. State v. J.C.N.-V., 359 Or 559, 380 P3d 248 (2016)
Law Review Citations
Under former similar statute
29 WLR 689 (1993)
In general
75 OLR 1223 (1996); 52 WLR 61 (2015)
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