9-8.000
JUVENILES
9-8.001 Supervision of Juvenile
Prosecutions
9-8.010 Armed Forces Enlistment as
an
Alternative to Federal Prosecution
9-8.110 Certification
9-8.120 Filing of the Complaint
9-8.130 Motion to Transfer
9-8.140 Arrest of a Juvenile
9-8.150 Detention of Juveniles
9-8.190 Prosecutorial Discretion
9-8.200 Jury Trials
9-8.210 Notification
9-8.220 Public Information
Concerning
Juveniles
9-8.230 Additional Resource
Materials
Juvenile prosecutions are supervised by the Terrorism and
Violent
Crime Section of the Criminal Division, and its staff attorneys are
available for consultation on issues such as whether to file a
motion
with the court to transfer the juvenile to adult prosecution.
See
USAM 9-8.130. See also USAM 9-8.230
Plea or sentence bargaining agreements should not be
contingent on, or
contain provisions designed to facilitate, enlistment in the Armed
Services.
This sort of agreement is contrary to Regulations of the Armed
Services, because
persons enlisting under such conditions are not properly motivated
to become an
effective member of the Armed Forces.
There may be exceptional cases in which imminent military
service,
together with other factors, may be considered in deciding to
decline prosecution
if the offense is insubstantial, the offender is generally of good
character, and
has no criminal record.
With one limited exception (the certification requirement
does not
apply to violations of law committed within the special maritime
and territorial
jurisdiction of the United States for which the maximum authorized
term of
imprisonment does not exceed six months, see S. Rep. No.
98-225, at 388),
a juvenile cannot be proceeded against in any court of the United
States unless
the Attorney General, after investigation, certifies to the
appropriate United
States District Court that (1) the juvenile court or other
appropriate state
court does not have jurisdiction or refuses to assume jurisdiction
over the
juvenile with respect to the alleged act of juvenile delinquency;
or (2) the
state does not have available programs and services adequate for
the needs of
juveniles; or (3) the offense charged is a crime of violence or an
offense
described in 18 U.S.C. §§ 922(x), 924(b),(g), or (h), or 21
U.S.C.
§§ 841, 952(a), 953, 955, 959, or 960(b)(1), (2), or (3)
and there is a
substantial federal interest that justifies the exercise of federal
jurisdiction.
See 18 U.S.C. § 5032.
The authority to proceed with this certification has been
delegated to
United States Attorneys. Attorney General Order No. 579-74 (28
C.F.R. §
0.57) and the Memorandum dated March 12, 1985, to all United States
Attorneys
from Stephen S. Trott, Assistant Attorney General for the Criminal
Division.
Consultation with state officials is important in determining the
appropriate
method of proceeding. In this regard, it is important to note that
a number of
states consider persons to be adults for purposes of criminal
prosecution at an
age younger than eighteen years of age.
Sample certification forms are in the Criminal
Resource Manual at 42 and 150.