Speedy trial requirement
There is an important speedy trial requirement which must be
cases where the juvenile is detained pending trial as a delinquent.
limited exceptions, the juvenile must be brought to delinquency
thirty days from the beginning of his detention, or the information
dismissed. 18 U.S.C.A. § 5036 (West 1985). See also
Baker, 10 F. 3d
at 1397. The statute also provides that such a dismissal shall be
except in extraordinary circumstances. Id. The exceptions
was caused by the juvenile or his or her counsel, or delay in the
justice. Id.; Doe, 49 F.3d at 865. A district
as to factual matters such as consent must be upheld unless they
erroneous. Id. The court's determination of whether a
delay is in the
interest of justice is reviewed for abuse of discretion.
"Detention" in 18 U.S.C.A. § 5036, means, "in physically
detention amounting to institutionalism", and is applicable to
federal custody. Romulus, 949 F.2d at 716; Doe, 882
F. 2d 926,
927-28 (5th Cir. 1989), citing Cuomo, 525 F. 2d at
custody or detention for purposes of the § 5036 speedy trial
defined as custody or detention pending trial pursuant to the
information of an act of delinquency. Juvenile Male, 74
F.3d at 530. An
arrest by state authorities for state charges does not start the
period under Section 5036. Three Male Juveniles, 49 F. 3d
Nor does it start when juveniles are placed in "administrative
Juvenile Male, 74 F.3d at 529.
If a juvenile is transferred for adult prosecution, the speedy
requirements under 18 U.S.C.A. § 5036 are no longer applicable.
Romulus, 949 F.2d at 716. The time between the date the
to have the juvenile treated as an adult and the date the district
on the transfer request is excludable from the thirty-day speedy
requirement as falling within the interest-of-justice exclusion.