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Rusk v. Jeffries

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eBook details

  • Title: Rusk v. Jeffries
  • Author : New Jersey Supreme Court
  • Release Date : January 31, 1933
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

Pursuant to N.J.S.A. 2A:4A-38(i) and R. 5:21-3(b), the Family Part determined, after a hearing, that there was probable cause to believe that the juveniles had committed the conduct alleged in the complaints. That finding is necessary to detain a juvenile who is not likely to appear at the next court proceeding, or who poses a threat to the community, has been charged with conduct that would constitute an adult crime or with repetitious disorderly persons offenses, and is likely to receive a custodial disposition. N.J.S.A. 2A:4A-34c. Nine months later, pursuant to N.J.S.A. 2A:4A-26 and R. 5:22-2, Judge Graves waived the Family Parts jurisdiction and referred the cases to the Law Division where the juveniles are to be tried as adults. He based his order on a finding that the juveniles failed to prove by a preponderance of the evidence that either can be rehabilitated by age 19. We granted the juveniles motions for leave to appeal that order, consolidated the appeals and now affirm.


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