What are the criteria for transferring a juvenile from juvenile court to adult court?
In California, there are two criteria that must be met for a juvenile to be transferred from juvenile court to adult court. The first criterion is pursuant to the Welfare and Institutions Code Section 707(d). This section allows a juvenile to be transferred to adult court if they are at least sixteen years old at the time of the offense and charged with one of the seven specified crimes listed in the code. These seven crimes are murder, rape, robbery, burglary, arson, kidnapping, or assault with a firearm. The second criterion for transferring a juvenile to adult court in California is pursuant to the Welfare and Institutions Code Section 707(b). This section allows the district attorney to file a motion to transfer a juvenile to adult court if they are at least fourteen years old at the time of the offense and charged with one of the four specified crimes listed in the code. These four crimes are any serious and/or violent felony, any serious felony for which a sentence of life imprisonment or death is a possibility, any felony that is committed for the benefit of a gang or with a gang, or any felony that results in great bodily injury. Most cases involving juveniles charged with serious crimes are reviewed by a judge who makes a decision to transfer the juvenile to adult court based on both of the criteria listed above. If the juvenile is transferred to adult court they face harsher punishments, including jail and prison time.
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