Family Court: Presumptive Certification Struck Down

Nevada's "presumptive certification" law for juveniles has been struck down. See an AP article...

Juvenile Court Certification Law Erased (AP, 11/26/08)

The Nevada Supreme Court on Wednesday declared unconstitutional a law that made juveniles admit guilt to charged crimes to avoid trial as an adult -- and let prosecutors use the admissions if juveniles wound up in adult court anyway.

The Supreme Court's ruling, overturning an earlier high court decision that had upheld the law, was sought by the American Civil Liberties Union of Nevada, the national Juvenile Law Center, public defenders of Washoe and Clark counties and other groups and activists. ...

While the decision does away with the "presumptive certification" law, justices said prosecutors who want to try juveniles as adults can still petition "in appropriate cases" under a separate discretionary certification provision that remains on the books.

Also discussed in a Las Vegas Review-Journal article: Law set to prosecute youths cut (11/27/08)

This law was essentially giving all discretion to prosecutors to decide which youth should be tried as adults in a broad category of felonies. Now, there should be more of a balance in the process.

I described juvenile certification in one of my newsletters: CERTIFICATION NIGHTMARE!