Probable Cause: a reasonable belief that a person has committed a crime
Adult: a fully developed person from maturity onward
(2) Burden of Proof. The burden is on the state to establish by clear and
convincing evidence that the grounds for transfer exist.
(3) Mandatory Transfer. The court shall transfer a juvenile proceeding to criminal
jurisdiction if there is probable cause to believe that the conditions listed in West Virginia
Code § 49-5-10(d)(1), (2) or (3) exist.
(4) Discretionary Transfer. The court may transfer a juvenile proceeding to
criminal jurisdiction if there is probable cause to believe that the conditions listed in
West Virginia Code § 49-5-10(e), (f) or (g) exist.
(f) Order. The court shall issue an order containing findings of fact and conclusions of
law regarding the issue of transfer. If an order of transfer is issued pursuant to West
Virginia Code § 49-5-10(e), (f), or (g) it shall contain detailed factual findings regarding
the juvenile's mental state, physical condition, maturity, emotional state, home and
family environment, school experience, and other relevant personal factors. For every
petition seeking a discretionary transfer, the court shall give specific reasons as to why
the transfer was or was not made.
I think that if the crime is a severe felony, then they should be tried as an adult. If it is something that has to do with endangering other people or killing other people then they should be LOCKED UP and given an adult sentence. Just because someone is a certain age, doesn’t mean they should get off scotch free for committing a heinous crime. That’s what I think.
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