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48. Step By Step Guide To Juvenile Prosecutions

NOTE: Sections 48-60 of this Manual are taken from a monograph by Victor Stone, Senior Legal Advisor, Criminal Division.

The federal statutes which govern proceedings against juveniles are set forth at 18 U.S.C. §§ 5031-5039. The statutes delineate: who is considered a juvenile under federal law, when a juvenile may be treated as a juvenile delinquent in federal court, when a juvenile may be prosecuted as an adult in federal court, and the procedures to be followed in each case. We provide here a guide to assist you, step by step, in making preliminary determinations whether to file charges against a juvenile and how to proceed in handling such cases.

49 Step 1 -- Determine Whether the Subject is a Juvenile
50 Statements Taken From Juveniles
51 Parental Notification
52 Routine Booking Photos and Fingerprints
53 Publicity
54 Step 2 -- Determine the Appropriate Forum
55 Step 3 -- Determine the Prior Criminal History
56 Step 4 -- Consider Juvenile Custody Issues
57 Step 5 -- Prepare Memorandum in Support of a Motion to Transfer a Juvenile to Adult Status
58 Step 6 -- Take the Necessary Steps to Advance Your Juvenile Case
59 Step 7 -- Prosecuting a Juvenile Who Has Been Ordered Transferred to Adult Status
60 Step 8 -- Proceeding Against a Juvenile as a Delinquent

[updated January 1998] [cited in JM 9-8.230]

Updated January 17, 2020