Read “Rule 20. Transfer to Criminal Jurisdiction” in the WEST VIRGINIA RULES OF JUVENILE PROCEDURE and explain what this means. Use the actual code to list and(1) explain what crimes and what ages may allow the transfer. If you were the Prosecuting Attorney (2)when would you consider transferring a juvenile to Adult Criminal jurisdiction?
When this completed, read two other peers in YOUR GROUP and comment on the strengths and weakness of their responses arguments.
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ReplyDeleteprobable cause means (law) evidence sufficient to warrant an arrest or search and seizure; "a magistrate determined that there was probable cause to search the house"
ReplyDeleteAdult means a fully developed person from maturity onward
Probable cause-evidence sufficient to warrant an arrest or search and seizure
ReplyDeleteAdult-a fully developed person from maturity onward
This rule applies to juvenile proceedings where a transfer to criminal
Jurisdiction is sought pursuant to the provisions of West Virginia Code § 49-5-10.
Any transfer motion made by the prosecuting attorney shall be
Filed and served at least eight days prior to the adjudicatory hearing. The motion must
State, with particularity, the grounds for the requested transfer, including the statutory
Basis relied upon as set forth in West Virginia Code § 49-5-10.
No inquiries relative to admission or denial of the allegations contained in
The petition or the demand for a jury trial may be made of the juvenile until the court has
Determined whether the proceedings will be transferred to criminal jurisdiction.
The juvenile, the juvenile's counsel, and the juvenile's parents or legal
Guardians shall be provided notice of the transfer motion at the time of filing and the
Hearing date.
. A hearing shall be held within seven days of the filing of the motion to
Transfer. The court may continue the hearing for a reasonable period of time
Curtis J
What dose probable cause mean?
ReplyDelete• evidence sufficient to warrant an arrest or search and seizure
What dose adult mean?
• one who has attained maturity or legal age
Truth be told Mr. G I really didn’t understand the rule all that much but I think this is what it means. A juvenile can be tried as an adult in a criminal hearing when being tried for a violent crime. The Juvenile must be at least 15 years of age. I would only consider this if the charges are murder, rape, or an extremely violent crime.
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ReplyDeleteProbable cause- means an (law) evidence sufficient to warrant an arrest or search and seizure.
ReplyDeleteAdult- fully developed person from maturity onward.
I think that the number 20 rule is stupid because I have been locked up before I think that the authority should give us a slap on the wrist and tell us to go home and also, be more aware of some of the rules and follow them
From Jonathan C.
Caleb you did a great job on your work.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteGood job curtis. Also great job sticking to the assignment directions.
ReplyDeleteWays that the justice systems works!!!! 4/29/10
ReplyDeleteI think That when a kid turns 17 and does a crime they should be charged as an Adult. a) Upon written motion of the prosecuting attorney filed at least eight days prior to the adjudicatory hearing and with reasonable notice to the juvenile, his or her counsel, and his or her parents, guardians or custodians, the court shall conduct a hearing to determine if juvenile jurisdiction should or must be waived and the proceeding transferred to the criminal jurisdiction of the court. Any motion filed in accordance with this section is to state, with particularity, the grounds for the requested transfer, including the grounds relied upon the set of this section, and the burden is upon the state to establish the grounds by clear and convincing evidence. Any hearing held under the provisions of this section is to be held within seven days of the filing of the motion for transfer unless it is continued for good cause. Just saying whe they turn 18 they get transferred to an adult crimmal justice.
probable cause- The most well-known definition of probable cause is "a reasonable belief that a person has committed a crime".
adult- Meaning of Adult: Having arrived at maturity, or to full size and strength; matured; as, an adult person or plant; an adult ape; an adult age.
the age for the transfor is 17 and up I believe also, please help the other kids that are in the prison system because everyone knows that they need help to get out of the system. Id I were a attorney I would consider the age to be 17.
ReplyDeleteGood job justin but be more specific next time.
ReplyDeleteGood job caleb...
ReplyDeletegood job cole way to stick to the assingment
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ReplyDeleteProbable Cause: a reasonable belief that a person has committed a crime
ReplyDeleteAdult: a fully developed person from maturity onward
(2) Burden of Proof. The burden is on the state to establish by clear and
convincing evidence that the grounds for transfer exist.
(3) Mandatory Transfer. The court shall transfer a juvenile proceeding to criminal
jurisdiction if there is probable cause to believe that the conditions listed in West Virginia
Code § 49-5-10(d)(1), (2) or (3) exist.
(4) Discretionary Transfer. The court may transfer a juvenile proceeding to
criminal jurisdiction if there is probable cause to believe that the conditions listed in
West Virginia Code § 49-5-10(e), (f) or (g) exist.
(f) Order. The court shall issue an order containing findings of fact and conclusions of
law regarding the issue of transfer. If an order of transfer is issued pursuant to West
Virginia Code § 49-5-10(e), (f), or (g) it shall contain detailed factual findings regarding
the juvenile's mental state, physical condition, maturity, emotional state, home and
family environment, school experience, and other relevant personal factors. For every
petition seeking a discretionary transfer, the court shall give specific reasons as to why
the transfer was or was not made.
I think that if the crime is a severe felony, then they should be tried as an adult. If it is something that has to do with endangering other people or killing other people then they should be LOCKED UP and given an adult sentence. Just because someone is a certain age, doesn’t mean they should get off scotch free for committing a heinous crime. That’s what I think.
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ReplyDeleteProbable cause- means an (law) evidence sufficient to warrant an arrest or search and seizure.
ReplyDeleteAdult- fully developed person from maturity onward
Explain what crimes and what ages may allow the transfer. If you were the Prosecuting Attorney when would you consider transferring a juvenile to Adult Criminal jurisdiction? You can transfer a juvenile if enough evidence is found and both parties agree on whether he/she should be tried as an adult.
Definitions
ReplyDelete1.Prbable Cause- evidence sufficient to warrant an arrest or search and seizure.
2.Adult-a fully developed person from maturity onward.
Probable cause- (law) evidence sufficient to warrant an arrest or search and seizure
ReplyDeleteAdult- a fully developed person from maturity onward
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. Transfer Criminal Jurisdiction is to regulate the relationship between states, or between one state and another. Also, where the nation is a federation, to regulate the relationship between the federal courts and the domestic courts of those states comprising the federation; and Finally, where a state only has, to a greater or lesser extent, a single and unified system of law, it is the law of criminal procedure to regulate what cases each classification of court within the judicial system shall adjudicate upon. The ages for transfer would be from 14-17. Finally, I would consider any age for transfer depending on the crime. If you commit a crime bad enough you should be tried as an adult.
Resource:
http://en.wikipedia.org/wiki/Criminal_jurisdiction
Jess <3
" Rule Twenty "
ReplyDeleteThe definition of Probable Cause is the standard by which a police officer has the authority to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution. The definition of an adult is a fully developed person from maturity onward.
As a juvenile i think that this little crazy system is too harsh on kids that are in placement. I think that there shoudl be no such thing as a 9-12 month program because that doesn't hel you and you family at all. If you can get fixed and then go back into a family that doesn't really care then how long do you think it'll take to go right back to your old self. In rule 20 it says that we have all of these rights as kids but do we really? can we do what they say we can. Or is it too much of a trouble to get there and do it for us because we had our chance?
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ReplyDeleteProbable Cause- evidence sufficient to warrant an arrest or search and seizure.
ReplyDeleteAdult- fully developed person from maturity onward.
Mr. Garvin I read the law thingy and I didn’t understand any of it or what it ment. Maybe when you get back you can help me a lil bit but I don’t get any of it so I cant write about it.
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ReplyDeleteProbable Cause – evidence sufficient to a warrant an arrest or search and seizure.
ReplyDeleteAdult – a fully developed person from maturity onward.
This rule applies to juvenile proceedings where a transfer to criminal jurisdiction is sought pursuant. The juvenile, the juvenile's counsel, and the juvenile's parents or legal guardians shall be provided notice of the transfer motion at the time of filing and the hearing date. The court shall transfer a juvenile proceeding to criminal jurisdiction if there is probable cause. The prosecuting attorney and juvenile shall be afforded the
opportunity to present witnesses, present evidence and cross-examine witnesses. The
parties shall have an opportunity to present an argument on the issue of transfer. The
juvenile has the right to testify regarding the charged offense as well as personal factors
affecting transfer. A juvenile who testifies regarding personal factors alone shall not be
subject to cross-examination regarding the charged offense. All evidence, testimony,
and argument shall be made a part of the court record.
Chasity M.
Probable cause- means an (law) evidence sufficient to warrant an arrest or search and seizure.
ReplyDeleteAdult- fully developed person from maturity onward
Explain what crimes and what ages may allow the transfer. If you were the Prosecuting Attorney when would you consider transferring a juvenile to Adult Criminal jurisdiction? You can transfer a juvenile if enough evidence is found and both parties agree on whether he/she should be tried as an adult
I wouldn't consider any teenagers as an adult untill they was 20. The reason why is because you are maturing during that time and you are still acting like a kid so you are going to do act stupid while young but when you are older you knowmore. I know so many people that are 15-17 and got charged as an adult and won't be out until they are 40 years old.
:) SARAH M.
Probable cause- (law) evidence sufficient to warrant an arrest or search and seizure
ReplyDeleteAdult- a fully developed person from maturity onward
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. Transfer Criminal Jurisdiction is to regulate the relationship between states, or between one state and another. Also, where the nation is a federation, to regulate the relationship between the federal courts and the domestic courts of those states comprising the federation; and Finally, where a state only has, to a greater or lesser extent, a single and unified system of law, it is the law of criminal procedure to regulate what cases each classification of court within the judicial system shall adjudicate upon. The crime that you can commit that will transfer you to the adult system are the crime of murder, the crime of robbery involving the use or presenting of firearms or other deadly weapons, the crime of kidnapping, the crime of first degree arson, the crime of sexual assault in the first degree, crime of treason, and crime of assault with a deadly weapon. The ages for transfer would be from 14-17. Finally, I would consider any age for transfer depending on the crime. If you commit a crime bad enough you should be tried as an adult.
Resource:
http://en.wikipedia.org/wiki/Criminal_jurisdiction
Jess <3
If a juvinile of the age 14 commits the crimes of:
ReplyDelete-murder
-kidnapping
-sexual assult
-armed robbery
-treason
-arson
-assult with a deadly weapon
can be tried as an adult in the court of law. They can be transferred from a juvienile detention center to an adult facility. Personally I think that someone should not be tried as an adult untill they are of the age of 18 years old. I dont think that a 14 year old kid could handle being charged as an aduld and having to be put in an aduld jail or prison.
If a juvenile over the age of 14 can be tried as an adult by making these crimes
ReplyDelete-Murder
-kidnapping
-sexual assult
-armed robbery
-treason
-arson
-assualted with a deadly weapon
:) sarah m
No inquiries relative to admission or denial of the allegations contained in
ReplyDeleteThe petition or the demand for a jury trial may be made of the juvenile until the court has
Determined whether the proceedings will be transferred to criminal jurisdiction.
The juvenile, the juvenile's counsel, and the juvenile's parents or legal
Guardians shall be provided notice of the transfer motion at the time of filing and the
Hearing date.A hearing shall be held within seven days of the filing of the motion to
Transfer. The court may continue the hearing for a reasonable period of time.
If a juvinile of the age 14 commits the crimes of:
-murder
-kidnapping
-sexual assult
-armed robbery
-treason
-arson
-assult with a deadly weapon
“Rule 20: West Virginia rules of juvinile procedure”
ReplyDeleteThe West Virginia Rules of Juvinile Procedure is in process so that when a juvinile commits a crime he/she will be punished for the crime they commited. The difference between juvinile justice and adult justice is that juvinile justice is less strict as the adult system.
1.)The crimes and ages that allow the transfer is at the age of 14.The probable cause for such a matter is if the juvinile does 8 of the following things: murder, or other dangerous felonies. If the juvinile has commited a crime according to rule 20 says that the juvinile may be taken to a court jurisdiction. commited the crime but he must be attained in a juvinile justice manner.
2.)I think the age of 18 is a reasonable age to be locked up. I think 14 – 17 is a reasonable age for being put it a juvinile detention center if you’ve done a reasonable crime to be convicted as an adult. etention center if you’ve done a reasonable crime to be convicted as an adult.
Probable cause- means an (law) evidence sufficient to warrant an arrest or search and seizure.
ReplyDeleteAdult- fully developed person from maturity onward.
Transfer to criminal Jurisdiction means that you can be charged as an adult when you are a teen. Also, here are the crimes that teens can be charged with to be charged as an adult. Here is one Murder, armed robbery, kid napping, and Treason, sexual assault, and arson, assault with a deadly weapon, and manufacture, delivery or possession with the intent to deliver a narcotic drug. If I was a juvenile attorney and I had the decision to transfer to criminal jurisdiction I would only transfer if the juvenile has done a crime very dangerous and has hurt a lot of people in the process.
Sincerely,
Jonathan Comer
“Paragraph for adult jurisdiction”
ReplyDeleteBy: Cole D.
What is adult jurisdiction? Adult jurisdiction is a higher punishment in the justice system where you can face time in prison, regional, or federal. Also your felonies and misdemeanors as a juvenile won’t matter, you won’t get sent to any placement you’ll be headin to the slammer and won’t have most of the rights you do when you’re a youth or juvenile. Also, the crimes would be or should be one or all of the seven major crimes or felonies, listed below in the second paragraph, that a juvenile will be entered into adult jurisdiction and be tried as an adult despite the minor stuff as a juvenile.
Explain what crimes and what ages may allow the transfer. If you were the Prosecuting Attorney when would you consider transferring a juvenile to Adult Criminal jurisdiction? You can transfer a juvenile if enough evidence is found and both parties agree on whether he/she should be tried as an adult. Also, I would consider the juvenile at the age of 18 to be transferred to adult justice. I also think that when they turn 21 their records as a juvenile should not be brought up in the court or anywhere else unless given meaningful or helpful evidence. I also think that they should be transferred if they have one or all seven of the charges such as; 1.Sexual assault, 2.Armed robbery, 3.Murder, 4.Kidnapping, 5.Arson, 6.Treason, 7.Assault with a deadly weapon. Those should be reasons why a juvenile should be transferred to an adult justice system.
Probable Cause- means reasonable ground for a belief, as, in a criminal case, that the accused was guilty of the crime, or, in a civil case, that grounds for the action existed: used esp. as a defense to an action for malicious prosecution.
Adult- means having attained full size and strength; grown up; mature: an adult person, animal, or plant. A person who is fully grown or developed or of age. A full-grown animal or plant. A person who has attained the age of maturity as specified by law.
Probable cause means law) evidence sufficient to warrant an arrest or search and seizure; "a magistrate determined that there was probable cause to search the house”. Adult means a fully developed person from maturity onward.
ReplyDeleteIf a juvenile over the age of 14 they can be tried as an adult by making these horrible crimes
-Murder
-kidnapping
-sexual assaults
-armed robbery
-treason
-arson
-assaulted with a deadly weapon
Also with these charges they may go with you whenever you become an adult and you will receive adult punishment.
Sincerly Justin M
If a juvenile 13 years old would do one of these crimes theay could be tried as an adult
ReplyDeleteMurder ,kidnapping,sexual assaults,armed robbery,treason,arson,assaulted with a deadly weapon or possession wtih drugs,21 grams or more with intent to sell.
i think thats stupid cause if it was not your falt than why should you get charged.
Probable cause- evidence sufficient to warrant an arrest or search and seizure.
ReplyDeleteAdult- fully developed person from maturity onward.
Rule 20
1) Timing. A hearing shall be held within seven days of the filing of the motion to
Transfer. The court may continue the hearing for a reasonable period of time suasponte or upon a motion by the prosecuting attorney or juvenile's counsel
Demonstrating good cause.
If I were the prosecuting attorney I would charge teens as adult for sexual assault, murder. The reason I would charge them as a adult for these things if because if they get off easy then they will just go right back and do it again. While the victim has to suffer from the memories. The victim of the murderer doesn’t even have a chance to live make the right decision in life. So I think if someone has enough guts to kill someone then they have enough guts to spend the rest of their life in jail.
I would consider transferring a teen to an adult at the age of 20. The reason I would at the age of twenty is because technically you’re not a teen no more. So you should have learned from the mistakes in the past, and you should have to deal with the consequence you get for the mistakes you make.