133
Second factorthe nature of the alleged
offense
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The nature of the offense(s) alleged is the second mandatory
factor that
must be considered in determining whether a transfer would be in
the interest of
justice. The district court should assume that, for the purposes of
the transfer
hearing, the juvenile committed the offense charged in the
information.
T.F.F., 55 F. 3d at 1120; In Re Sealed Case (Juvenile
Transfer),
893 F. 2d at 369; Nelson, 68 F. 3d at 538; Doe, 871
F. 2d at 1250
n.1. Such a presumption is not inconsistent with a juvenile's due
process rights
because the trial itself functions as a corrective for any reliance
on inaccurate
allegations made at the transfer stage. In Re Sealed Case
(Juvenile
Transfer), 893 F. 2d at 369. This statutory factor calls for
findings
regarding the nature of the offense alleged and not some other
offense.
Nelson, 68 F. 3d at 538; In Re Sealed Case (Juvenile
Transfer), 893
F. 2d at 369.
When a crime is particularly serious, the district court is
justified in
weighing this factor more heavily than the other factors.
Nelson, 68 F.
3d at 538. A.R., 38 F. 3d at 705; United States v.
Henmer, 729 F.
2d 10, 17-18 (1st Cir.), cert. denied, 467 U.S. 1218, 104 S.
Ct. 2666, 81
L. Ed. 2d 371 (1984). The court may be impressed that the offense
may involve
a large amount of drugs unlikely to be encountered in a first time
exposure to
the elicit business. United States v. Elwood, 993 F. 2d
1146, 1149 (5th
Cir. 1993).The court may approve transfer where a juvenile commits
numerous
violent crimes, does it for maliciousness or greed or for
recreation, and
exhibits no remorse. See United States v. M.H., 901 F.
Supp. 1211, 1215
(E.D. Tex. 1995).
Although the court shall assume the juvenile committed the
offense, some
proof of the crime should be presented to the court. This can be
established
through testimony of the case agent or other knowledgeable law
enforcement
officers.
The Violent Crime Control and Law Enforcement Act of 1994
added to this
second factor. In considering the nature of the offense, the court
must consider
the extent to which the juvenile played a leadership role or
influenced others
to take part in criminal acts in which the use or distribution of
controlled
substances or firearms were involved. Congress went on to explain
that the
existence of such a factor weighs in favor of transfer to adult
status but the
absence of this factor shall not preclude transfer.
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