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7 Cards in this Set

  • Front
  • Back
youthful offender eligibility
Must have committed the crime when between 16 and 19. Not eligible if the underlying offense is a class A-I or A-II felony, an armed felony, or a rape, or has been convicted and sentenced for a felon before, or been adjudicated youthful offender before. But the exclusion for felony and rape can b mitigated by mitigating factors such as not sole participant.
youthful offender - outcome
No convicition of any crime, no disqualification from public office, employment, license. REcord gets sealed.
Youthful Offender- Procedure
1. Upon conviction of an eligible youth, the court must order a
pre-sentence investigation of the defendant.

2. If court finds that D should be adjudicated in the interests of justice, and of sparing him the onus of conviciton, it can do so.

3. MUST give him YO if if the conviction was in local criminal court and he'd never been convicted before.

4. Can still sentence him.
Drayton
difference between local criminal court and other courts in assigning YO does not violate equal protection.
Kuey
Youthful offender adjudication cannot be used to enhance a sentence for a later crime but juvenile offender from another state can.
JO status
Only a JO if held for commission of murder and 13 and up, or 14 or 15 and comision rape, sodomy, kidnapping, arson, possessing a weapon on school grounds.
JO procedure
gets a hearing to determine if there is reasonable cause to believe that he committed the act making him eligible for JO.

Transferred then to GJ if he is.

At DAs request, court can order the case to family court so long as its not one of the serious felonies.

if its one of the serious felonies, he goes forward in crim. court as a JO.

Court can then order him to family court on its discretion, or upon DAs recommendation if its one of the serious crimes.

Court can also order this after a verdict