PORTLAND, Ore. (June 10, 2016) – Holland & Knight, working with the Juvenile Law Center, has helped secure an important win in an Oregon Supreme Court case regarding children who face transfer to adult court.
In a reversal of an appeals court decision, the Oregon State Supreme Court ruled on May 26 that the state’s transfer statute requires juvenile courts to consider whether juveniles’ emotional, social and intellectual capacities are sufficiently “adult-like” before they may be transferred to adult criminal court. The justices remanded the case, State v. J.C.N.-V., back to the juvenile court for consideration under the proper interpretation of the standard.
When he was 13 years old, J.C.N.-V. was charged with aggravated murder along with a 20-year-old friend. Oregon state law gives the juvenile court discretion to waive its jurisdiction and transfer a youth to the jurisdiction of the circuit court for criminal prosecution only if it first finds a youth to be of “sufficient sophistication and maturity to appreciate the nature and quality of the conduct involved.” The case was transferred from juvenile court to the circuit court for criminal prosecution as an adult. Upon appeal, the intermediate court affirmed the transfer.
Holland & Knight joined with the Juvenile Law Center and represented a score of national juvenile justice advocates in filing two amicus briefs in the Oregon Supreme Court supporting the child’s appeal of his transfer to adult court.
The Oregon State Supreme Court found in J.C.N.-V.’s favor, stating that the legislature did not intend for a child’s “sophistication and maturity” to be a simplistic test of adult criminal capacity. Instead the court must have a more nuanced and individualized approach and “take measure of a youth and reach an overall determination as to whether the youth’s capacities are, on the whole, sufficient adult-like to justify a conclusion that the youth was capable of appreciating, on an intellectual and emotional level, the significant consequences of his conduct.”
Roy Pulvers, a partner in Holland & Knight’s Portland, Ore., office, led the firm’s pro bono team working on this case. Associate Calon Russell, also of Portland, assisted with the research.
“Holland & Knight has a long history of collaborating with the Juvenile Law Center on juvenile justice matters, a relationship spearheaded by Buddy Schulz, the chair of our Public and Charitable Service Department,” said Mr. Pulvers. “We are proud of this partnership and to have played a role in a case that will provide significant guidance for courts across the country on the appropriate interpretation of transfer standards.”
Source URL: Read More
The public content above was dynamically discovered – by graded relevancy to this site’s keyword domain name. Such discovery was by systematic attempts to filter for “Creative Commons“ re-use licensing and/or by Press Release distributions. “Source URL” states the content’s owner and/or publisher. When possible, this site references the content above to generate its value-add, the dynamic sentimental analysis below, which allows us to research global sentiments across a multitude of topics related to this site’s specific keyword domain name. Additionally, when possible, this site references the content above to provide on-demand (multilingual) translations and/or to power its “Read Article to Me” feature, which reads the content aloud to visitors. Where applicable, this site also auto-generates a “References” section, which appends the content above by listing all mentioned links. Views expressed in the content above are solely those of the author(s). We do not endorse, offer to sell, promote, recommend, or, otherwise, make any statement about the content above. We reference the content above for your “reading” entertainment purposes only. Review “DMCA & Terms”, at the bottom of this site, for terms of your access and use as well as for applicable DMCA take-down request.
Acquire this Domain
You can acquire this site’s domain name! We have nurtured its online marketing value by systematically curating this site by the domain’s relevant keywords. Explore our content network – you can advertise on each or rent vs. buy the domain. Buy@TLDtraders.com | Skype: TLDtraders | +1 (475) BUY-NAME (289 – 6263). Thousands search by this site’s exact keyword domain name! Most are sent here because search engines often love the keyword. This domain can be your 24/7 lead generator! If you own it, you could capture a large amount of online traffic for your niche. Stop wasting money on ads. Instead, buy this domain to gain a long-term marketing asset. If you can’t afford to buy then you can rent the domain.
We are Internet Investors, Developers, and Franchisers – operating a content network of several thousand sites while federating 100+ eCommerce and SaaS startups. With our proprietary “inverted incubation” model, we leverage a portfolio of $100M in valued domains to impact online trends, traffic, and transactions. We use robotic process automation, machine learning, and other proprietary approaches to power our content network. Contact us to learn how we can help you with your online marketing and/or site maintenance.