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Criminal Resource Manual

131. The Six Factors To Consider And Prove For Transfer

In assessing whether a transfer would be in the interest of justice, the statute requires evidence of six (6) factors to be considered, and findings be made in the record with regard to each factor. 18 U.S.C.A. §  5032 (West Supp. 1995); see also C.G., 736 F. 2d at 1478-79. These factors include:

  1. the age and social background of the juvenile;
  2. the nature of the alleged offense;
  3. the extent and nature of the juvenile's prior delinquency record;
  4. the juvenile's present intellectual development and psychological maturity;
  5. the nature of past treatment efforts and the juvenile's response to such efforts; and
  6. the availability of programs designed to treat the juvenile's behavioral problems. Id.