Second factorthe nature of the alleged
The nature of the offense(s) alleged is the second mandatory
must be considered in determining whether a transfer would be in
the interest of
justice. The district court should assume that, for the purposes of
hearing, the juvenile committed the offense charged in the
T.F.F., 55 F. 3d at 1120; In Re Sealed Case (Juvenile
893 F. 2d at 369; Nelson, 68 F. 3d at 538; Doe, 871
F. 2d at 1250
n.1. Such a presumption is not inconsistent with a juvenile's due
because the trial itself functions as a corrective for any reliance
allegations made at the transfer stage. In Re Sealed Case
Transfer), 893 F. 2d at 369. This statutory factor calls for
regarding the nature of the offense alleged and not some other
Nelson, 68 F. 3d at 538; In Re Sealed Case (Juvenile
F. 2d at 369.|
When a crime is particularly serious, the district court is
weighing this factor more heavily than the other factors.
Nelson, 68 F.
3d at 538. A.R., 38 F. 3d at 705; United States v.
Henmer, 729 F.
2d 10, 17-18 (1st Cir.), cert. denied, 467 U.S. 1218, 104 S.
Ct. 2666, 81
L. Ed. 2d 371 (1984). The court may be impressed that the offense
a large amount of drugs unlikely to be encountered in a first time
the elicit business. United States v. Elwood, 993 F. 2d
1146, 1149 (5th
Cir. 1993).The court may approve transfer where a juvenile commits
violent crimes, does it for maliciousness or greed or for
exhibits no remorse. See United States v. M.H., 901 F.
Supp. 1211, 1215
(E.D. Tex. 1995).
Although the court shall assume the juvenile committed the
proof of the crime should be presented to the court. This can be
through testimony of the case agent or other knowledgeable law
The Violent Crime Control and Law Enforcement Act of 1994
added to this
second factor. In considering the nature of the offense, the court
the extent to which the juvenile played a leadership role or
to take part in criminal acts in which the use or distribution of
substances or firearms were involved. Congress went on to explain
existence of such a factor weighs in favor of transfer to adult
status but the
absence of this factor shall not preclude transfer.