Nevada Supreme Court issues opinion on juvenile certification & 5th Amendment

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In re: William M. & In re: Marques B. - these are consolidated appeals from juvenile court orders certifying the appellants for criminal proceedings as adults on charges involving the use of a firearm.  The Court summarizes its holding:worms armagedon-nocd patch

" These appeals center on Nevada's presumptive certification statute, which consists of NRS 62B.390(2) and (3).  These provisions create a rebuttable presumption that juveniles who are over 13 years of age and charged with certain enumerated offenses fall outside of the jurisdiction of the juvenile court and must therefore be transferred to the district court for adult criminal proceedings.  In particular, we examine NRS 62B.390(3)(b)'s rebuttal requirements in light of the right against self-incrimination guaranteed by the Fifth Amendment to the United States Constitution.  Under NRS 62B.390(3)(b), to rebut the presumption of certification, the juvenile court must find clear and convincing evidence that the juvenile's criminal actions were substantially influenced by substance abuse or emotional or behavioral problems that may be appropriately treated within the jurisdiction of the juvenile court.  Appellants argue that NRS 62B.390(3)(b) requires juveniles to admit to the charged, but unproven, criminal actions, which implicates the Fifth Amendment right against self-incrimination and the constitutionality of the presumptive certification provisions.worms armagedon-nocd patch

            Thus in resolving these appeals, we initially determine whether the Fifth Amendment right against self-incrimination is available to juveniles in certification proceedings.  We conclude that the Fifth Amendment right against self-incrimination is available to juveniles in certification proceedings under the United States Supreme Court's decision in In re Gault. Necessarily, we overrule that part of this court's decision in Marvin v. State that improperly concluded that the Fifth Amendment right against self-incrimination did not apply to juveniles in waiver proceedings.worms armagedon-nocd patch

            Given the Fifth Amendment's applicability to juvenile certification proceedings, we next address whether NRS 62B.390(3)(b)'s rebuttal terms impinge on the right against self-incrimination by requiring the juvenile to either accede to the criminal court's jurisdiction despite having a substance abuse or emotional or behavioral problem, or to admit guilt, even though that admission could later be used against him in juvenile or adult court proceedings.  We hold that, by requiring a juvenile to admit to the charged criminal conduct in order to overcome the presumption of adult certification, the presumptive certification statute, NRS 62B.390(2) and (3), violates the juvenile's Fifth Amendment right against self-incrimination."worms armagedon-nocd patch

Congratulations on the great victory to Kristina Wildeveld & Amicus ACLU of Nevada, National Juvenile Defender Center and Juvenile Law Center.worms armagedon-nocd patch

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This page contains a single entry by JoNell published on November 26, 2008 9:25 AM.worms armagedon-nocd patch

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