Section 28 TrialasanAdult

• Library: Juvenile Law 2011

Section 211.071, RSMo Supp. 2010, governs the dismissal of juvenile court proceedings to allow for a juvenile to be prosecuted as an adult in the criminal court under the general law. Ten nonexclusive factors must be considered by a court determining whether the juvenile is a proper subject to be dealt with under the juvenile justice system. State v. Woodworth, 941 S.W.2d 679 (Mo. App. W.D. 1997). The juvenile court is not required to give equal weight to each of these factors, and it does not have to make express findings on each one.
Id. at 697 (citing State v. Seidel, 764 S.W.2d 517 (Mo. App. S.D. 1989); State v. Garbe, 740 S.W.2d 266 (Mo. App. W.D. 1987)); see also State v. Perry, 954 S.W.2d 554 (Mo. App. S.D. 1997); State v. Thomas,
70 S.W.3d 496 (Mo. App. E.D. 2002).

It is permissible for the parties to offer evidence in the certification hearing regarding the facts of the case to the extent that the evidence tends to relate to one or more of the factors considered by the court in determining whether it should retain or relinquish its jurisdiction.
See Perry, 954 S.W.2d 554; State v. Owens, 582 S.W.2d 366 (Mo. App. S.D. 1979).

The decision to terminate jurisdiction by the juvenile court and permit adult prosecution is discretionary and will only be overturned if, based on the totality of the circumstances, the court abused its discretion. Seidel, 764 S.W.2d at 518 (citing In re A.D.R., 603 S.W.2d 575, 580–81 (Mo. banc 1980); State v. Tate, 637 S.W.2d 67, 70–71
(Mo. App. E.D. 1982), overruled on other grounds).

When deciding whether to relinquish jurisdiction, the juvenile court weighs all evidence, both for and against certification. Garbe, 740 S.W.2d at 268. The factors that have been found to weigh the most in favor of certification are:

· the seriousness of the offense;

· the need to protect the community;

· whether the offense was committed against a person; and

· the lack of rehabilitation programs in the juvenile system.

State v. Mouser, 714 S.W.2d 851 (Mo. App. W.D. 1986), overruled on other grounds; State v. Carson, 941 S.W.2d 518, 520 (Mo. banc 1997).

Although the amount of time that a juvenile would be under the juvenile system if certification is denied is not one of the factors listed in § 211.071, this consideration has been important in cases when the juvenile court relinquished jurisdiction. Seidel, 764 S.W.2d at 519 (juvenile who robbed a liquor store would have been committed to the DYS (Division of Youth Services) of the...