I want to know what the Law was in 1981, in Kansas, that allowed for a juvenile to be prosecuted as an adult.
Country relating to Question: United States
Thanks for your question. GIve me just a second to get the information for you.
Are we talking sex offenders or just general criminal charges?
Thank you. The history is what I need.
I have found the law but need to put it into a format you can read.
Section 1636. Prosecution as an adult. Notwithstanding any provisions of the Kansas Juvenile Offenders Code or any otherlaw of this state to the contrary, whenever a complaint has beenfiled pursuant to the Kansas Juvenile Offenders Code allegingthat a juvenile is, by reason of violation of any criminal statute, ajuvenile offender, and that the juvenile was 16 years of age orolder at the time of the alleged commission of such offense andthe county or district attorney upon motion made prior to thehearing on the complaint, alleges that such juvenile is not a fit andproper subject to be dealt with under the Kansas Juvenile OffendersCode, the court shall immediately set a time and place fora hearing to determine if such juvenile is a fit and proper personto be dealt with under the Kansas Juvenile Offenders Code. Suchhearing shall be held prior to the hearing on the complaint andshall conform to the requirements for notice and appointment ofan attorney as provided by section 1632, for detention hearings.
Upon the completion of the hearing and a finding that thejuvenile was 16 years of age or older at the time of the allegedcommission of the offense, the court may make a finding, noted inthe minutes of the court, that the juvenile is not a fit and propersubject to be dealt with under the Kansas Juvenile OffendersCode. In determining whether or not such finding should bemade, the court shall consider each of the following factors: (1)Whether the seriousness of the alleged offense is so great that theprotection of the community requires criminal prosecution of thejuvenile; (2) whether the alleged offense was committed in anaggressive, violent, premeditated, or willful manner; (3) the maturityof the juvenile as determined by consideration of thejuvenile's home, environment, emotional attitude, and pattern ofliving; (4) whether the alleged offense was against persons oragainst property, greater weight being given to offenses againstpersons, especially if personal injury resulted; (5) the record andprevious history of the juvenile; (6) whether the juvenile wouldbe amenable to the care, treatment, and training program forjuveniles available through the facilities of the court; and (7)whether the interests of the juvenile or of the community wouldbe better served by criminal prosecution of the juvenile. Theinsufficiency of evidence pertaining to any one or more of thefactors listed in this section shall not in and of itself be determinativeof the issue. Written reports and.other materials relatingto the juvenile's mental, physical, educational, and social historymay be considered by the court, but the court, if so requested bythe juvenile, the juvenile's parent or guardian, or other interestedparty, shall require the person, persons or agency preparing thereport and other material to appear and be subject to both directand cross-examinations.CommentThis section is nearly identical to KS.A. 1980 Supp. 38-808(b). The Committeemade no change in this section because during the time of the drafting of this codethe legislature has been actively considering lowering the age at which juvenilesare tried in adult courts. If the legislature makes any policy changes in this areathey will be incorporated into this draft.
This is from the Kansas Judicial Bulletin June 1981. This is draft legislation, which may or may not have been made into law, but note the last couple of lines.
CommentThis section is nearly identical to KS.A. 1980 Supp. 38-808(b). The Committeemade no change in this section because during the time of the drafting of this codethe legislature has been actively considering lowering the age at which juvenilesare tried in adult courts. If the legislature makes any policy changes in this areathey will be incorporated into this draft.
Does that answer your question? OK, I am going to take a little break now as I have been at this question for 37 minutes, but do let me know if this covers your concern. Thanks much.
Licensed since 1985 representing those accused of crime.
Oh good. It took a minute to find! :) I hope you will provide feedback for me. Thanks.
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