Court's receipt of juvenile court records
Prior to passage of the Violent Crime Control and Law
Enforcement Act of
1994, any proceedings against a juvenile under 18 U.S.C.A. §
proceeding as a juvenile or seeking a transfer to adult status,
could not be
commenced until any prior juvenile court records of such juvenile
received by the court, or the clerks of all applicable juvenile
certified in writing that the juvenile has no prior record, or that
juvenile's record is unavailable and why it is unavailable. See
Brian N., 900 F. 2d at 221. This requirement arguably could
satisfied by a good faith proffer of the juvenile records.
United States v.
M.I.M., 932 F. 2d 1016, 1019-20 n.2 (1st Cir. 1991). Juvenile
include all relevant municipal, county, state, federal, as well as
records. Brian N., 900 F. 2d at 222. It has been held that
government met its burden where it produced letters from a state
over juvenile matters and district attorneys stating no proceedings
or cases were
evident in their respective counties concerning the juvenile.
F. 2d at 169-70. Although the letters were not certified, the
court deemed the
distinction a technicality which did not cause the district court
jurisdiction. Id. at 170.|
"Proceedings" under the Act concerning the requirement of
receipt by the
court of juvenile court records have been interpreted to begin with
of an information. Id. at 219-23. In Brian N., the
not tender juvenile records until the motion to transfer
proceedings were held.
900 F.2d at 221. The court dismissed the case because the juvenile
not filed timely. Id. In affirming the district court's
dismissal of the
case, the appellate court stated that the statute clearly provides
"proceedings" under the Act begin at the filing of the information,
juvenile records must be provided to the court. Id. A
criminal prosecution is considered a further proceeding under the
Act, along with
the adjudication hearing and the dispositional hearing. Id.
appropriate remedy for failing to timely file juvenile court
records is dismissal
of the information without prejudice. M.I.M., 932 F. 2d at
NOTE: The Violent Crime Control and Law Enforcement Act of
modified the requirement of early filing of juvenile records by
any prior juvenile court records must be filed prior to transfer or
disposition rather than before commencement of any proceedings as
required. This change will allow the government more time to
a juvenile's criminal past.