First factorage and social background of
The first statutory factor specifies only "age and social
background of the
juvenile." United States v. Nelson, 68 F. 3d 538 (2d Cir.
court should focus on the defendant's age at the time of the
However, unless the government intentionally delays the filing of
charges, there is every reason to give weight also to the age at
the time of the
transfer motion. Id. Current age is significant for a
whether juvenile-type rehabilitation programs would be appropriate
juvenile. Id. The more mature a juvenile becomes, the
harder it is to
reform the juvenile's values and behavior. United States v.
H.S., 717 F.
Supp. at 917. Factual findings should be made as to how the
juvenile, at his or
her current age, would fit into a program for the rehabilitation of
delinquents.: Nelson, 68 F. 3d at 538. Obviously, the
nearer the age of
the juvenile to eighteen years would weigh more toward transfer.
States v. Gerald N., 900 F. 2d 189, 191 (9th. Cir. 1990).|
There must also be evidence presented concerning the
background, such as home environment and relevant cultural
that the juvenile chose criminal behavior while living in a stable
environment may weigh in favor of a transfer. See Doe, 49
F. 3d at 867.
Evidence concerning the age and social background of the
normally be presented by the juvenile probation officer.