United States v. Juvenile Male

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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Judge Joseph Bianco

Juvenile Male (JM)—now 19—was 16 years old when he attempted to murder Doe. He was 17 years old when he took part in Rosario's murder. A superceding juvenile information charged JM with crimes—including, but not limited to, conspiracy and substantive counts of murder and attempted murder in aid of racketeering—arising from his involvement in the violent LaMara Salvatrucha (MS-13) street gang. Balancing the factors in 18 USC §5032, district court held the government proved, by preponderant evidence, that JM's transfer to adult status was in the interest of justice. Thus JM was transferred to district court for prosecution as an adult. In addition to observing that the juvenile justice system was insufficient to adequately address the "grave charges" against JM, the court noted that JM's juvenile record—dating to 2006—and recidivism strongly favored transfer. Among other things, JM allegedly participated in the murder of Hamilton—for which he was previously transferred to adult status—only 11 days after release from a juvenile detention facility. Further, JM's recidivism showed that JM has not responded positively to past treatment, and undermined his psychologist's findings that he had a good chance of rehabilitation.

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