§ 8.8 Juveniles

LibraryCriminal Law in Oregon (OSBar) (2022 Ed.)

§ 8.8 JUVENILES

§ 8.8-1 Waiver to Circuit, Justice, or Municipal Court

The juvenile court has "exclusive original jurisdiction" in any case involving a person "who is under 18 years of age and who has committed an act that is a violation, or that if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city." ORS 419C.005(1).

However, in certain circumstances set forth in ORS 419C.349, ORS 419C.352, ORS 419C.364, ORS 419C.367, and ORS 419C.370, the juvenile court may decide not to exercise its exclusive original jurisdiction and instead "waive the youth to the appropriate court handling criminal actions, or to municipal court." ORS 419C.340.

Under ORS 419C.349(1)(a), a person who is alleged to have committed an act when the person was 15, 16, or 17 years of age that, if committed by an adult, would constitute aggravated murder or any of the 22 offenses listed in ORS 137.707(4), may be prosecuted as an adult in criminal court. See ORS 419C.364; ORS 419C.370. The juvenile court must conduct a hearing upon the state's motion to waive the juvenile to adult court. ORS 419C.349(1)(b).

NOTE

When a juvenile is charged in a court of criminal jurisdiction with an offense under ORS 137.707, "other offenses based on the same act or transaction shall be charged as separate counts in the same accusatory instrument and consolidated for trial, whether or not the other offenses are aggravated murder or offenses listed in subsection (4) of [ORS 137.707]." ORS 137.707(6).

Under ORS 419C.349(1)(b), the court must conduct a waiver hearing on the state's request in a case in which a petition alleges that a youth committed an act when the youth was 15, 16, or 17 years of age that, if committed by an adult, would constitute:

(A) A Class A or Class B felony;

(B) Any of the following Class C felonies:

(i) Escape in the second degree under ORS 162.155;

(ii) Assault in the third degree under ORS 163.165;

(iii) Coercion under ORS 163.275(1)(a);

(iv) Arson in the second degree under ORS 164.315; or

(v) Robbery in the third degree under ORS 164.395;

(C) Any Class C felony in which the youth used or threatened to use a firearm; or

(D) Any other crime that the state and the youth stipulate is subject to waiver.

The right to counsel applies to a hearing under ORS 419C.349. ORS 419C.349(4). The victim of the alleged offense has the right to appear at the hearing. ORS 419C.349(3).

After the hearing, the juvenile court may waive the youth to a circuit...

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