132
First factorage and social background of
the juvenile
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The first statutory factor specifies only "age and social
background of the
juvenile." United States v. Nelson, 68 F. 3d 538 (2d Cir.
1995). The
court should focus on the defendant's age at the time of the
offense. Id.
However, unless the government intentionally delays the filing of
juvenile
charges, there is every reason to give weight also to the age at
the time of the
transfer motion. Id. Current age is significant for a
determination of
whether juvenile-type rehabilitation programs would be appropriate
for the
juvenile. Id. The more mature a juvenile becomes, the
harder it is to
reform the juvenile's values and behavior. United States v.
H.S., 717 F.
Supp. at 917. Factual findings should be made as to how the
juvenile, at his or
her current age, would fit into a program for the rehabilitation of
juvenile
delinquents.: Nelson, 68 F. 3d at 538. Obviously, the
nearer the age of
the juvenile to eighteen years would weigh more toward transfer.
See United
States v. Gerald N., 900 F. 2d 189, 191 (9th. Cir. 1990).
There must also be evidence presented concerning the
juvenile's social
background, such as home environment and relevant cultural
considerations. Proof
that the juvenile chose criminal behavior while living in a stable
home
environment may weigh in favor of a transfer. See Doe, 49
F. 3d at 867.
Evidence concerning the age and social background of the
juvenile can
normally be presented by the juvenile probation officer.
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