Legal Opinion · Dissent

State ex rel. V.A.

Supreme Court of New Jersey

Decided September 12, 2012Published

1DissentJustice Patterson

More than a decade ago, the Legislature amended N.J.S.A. 2A:4A-26 to facilitate waiver of complaints against sixteen- and seventeen-year-old juveniles charged with enumerated serious crimes into adult criminal court. Under the amended statute, these juveniles are treated uniquely by the Legislature. Younger juveniles are able to present evidence of the probability of their rehabilitation in order to defeat waiver. In contrast, pursuant to N.J.S.A. 2A:4A-26 and a corresponding court rule, a juvenile who is aged sixteen or older is transferred to adult criminal court upon application of the…

2Cases cited12 opinions

  1. Flagg v. Essex County ProsecutorSupreme Court of New Jersey · 2002
  2. State v. NwobuSupreme Court of New Jersey · 1995
  3. State v. LagaresSupreme Court of New Jersey · 1992
  4. State v. WallaceSupreme Court of New Jersey · 1996
  5. State v. DalglishSupreme Court of New Jersey · 1981

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