State v. Milk

I dissent as to the majority’s conclusion that hearsay evidence is not admissible at a juvenile transfer hearing.

Juvenile dispositional proceedings are fundamentally different from juvenile adjudicatory proceedings and criminal actions. A transfer hearing does not result in a determination of delinquency, it does not result in a determination-of guilt, and it does not result in confinement or other punishment. The purpose of the transfer hearing is not to *319adjudicate but to determine whether retention of the child in the juvenile system is in the best interests of the child and the public. I…