When can a juvenile case be referred to adult court?

In Oregon, cases involving juveniles can be referred to adult court if the juvenile defendant is 15 years or older and has been charged with a Measure 11 offense, such as murder, rape, or robbery. If the juvenile defendant is between the ages of 12 and 14 and has been charged with any Measure 11 offense, or if the juvenile defendant is 15 years or older and has been charged with a lesser offense, then the case will be referred to adult court after a transfer hearing. At a transfer hearing, the judge will consider multiple factors in determining if the case should be referred to adult court. These factors include the seriousness and nature of the alleged offense, the criminal history of the juvenile, the juvenile’s potential for rehabilitation, the maturity of the juvenile, and the protection of the public. If the judge decides the case should be referred to adult court, the juvenile will then be tried as an adult with harsher penalties and sentences. Some juvenile cases are also referred to adult court through a process of judicial waiver, which is when the prosecutor and defense attorney agree to waive the case to adult court. In Oregon, a judge must review and determine whether the waiver is in the juvenile’s best interest and if the juvenile’s legal rights are protected. Overall, juvenile cases in Oregon can be referred to adult court if the juvenile is 15 years or older and charged with a Measure 11 offense, if the juvenile is between the ages of 12 and 14 and charged with any Measure 11 offense, or if the juvenile accepts a judicial waiver.

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