Court's decision on the Motion to Transfer
According to the Senate Report on Section 5032, the juvenile
proceeded against as a juvenile, unless, after motion of the
and upon the juvenile being accorded all due process rights, the
found by the court to have no reasonable prospects for
rehabilitation before his
or her twenty-first birthday. 1974 U.S.S.C.A.N. at 5320. The
rehabilitative potential is a test which is within the sound
discretion of the
trial court and that court may want more than a "glimmer of hope"
rehabilitation will be efficacious. Doe, 871 F. 2d at 1253.
rehabilitation is a priority, the courts are not required to apply
justice system to a juvenile's diagnosed intellectual or behavioral
it would likely prove to be nothing more than a futile gesture.
re T.W., 652 F. Supp. 1440, 1445 (E.D. Wis. 1987); E.K.,
471 F. Supp.
The decision to transfer a juvenile to adult status is within
discretion of the district judge, so long as the judge considers
specific findings as to the specified factors. Gerald N.,
900 F. 2d at
191; Doe, 871 F. 2d at 1255. The failure of the court to
as to each of the statutorily mandated factors will require a
remand to the court
for additional findings and reconsideration of its transfer
States v. Romulus, 949 F. 2d 713, 716 (4th Cir. 1991), cert.
503 U.S. 992, 112 S. Ct. 1690, 118 L. Ed. 2d 403 (1992).Although
all six factors
are to be considered, case law provides that the court is not
required to weigh
all factors equally. Juvenile Male #1, 47 F. 3d at 71;
Male, 40 F. 3d at 845; Doe, 871 F. 2d at 1254-55. For
seriousness of the crime can be given more weight than other
determining whether there is a "realistic chance" of
rehabilitation, and hence,
whether a transfer is appropriate. Id.; United States
Alexander, 695 F. 2d 398, 401 (9th Cir. 1982), cert.
denied, 462 U.S.
1108, 103 S. Ct. 2458, 77 L. Ed. 2d 1337 (1983); United States
575 F. Supp. 1068, 1072 (D.S.D. 1983). Therefore, it is
appropriate if the
district court places an emphasis on the gravity of the crime in
transfer. See Parker, 956 F. 2d at 172.
If the court has considered all of these factors, the decision
a juvenile defendant to adult status is reviewable only for abuse
Doe, 49 F. 3d at 867. It is not an abuse of discretion for
court to find one factor more compelling than the others.
Gerald N., 900
F. 2d at 191. In other words, the court is free to determine how
much weight to
give each factor. One Juvenile Male, 40 F. 3d at 845-46.
The court is the finder of fact and its findings may be made
on the basis
of credibility choices. See Doe, 871 F. 2d at 1255.
credibility choices cannot be overturned unless clearly erroneous.
States v. Alvarado Garcia, 781 F. 2d 422 (5th Cir. 1986). An
will not upset a district court's determination simply because it
reached a different conclusion had it considered the matter in the
instance. Juvenile Male #1, 47 F.3d at 71. Therefore, the
the district judge is far reaching on this issue.
When the district court determines the motion to transfer
granted, the juvenile is thereafter treated as an adult for
purposes of criminal
prosecution of the case.