|
Four
defendants, ages fourteen and fifteen were convicted of A and B
felonies in the adult criminal courts. They had been automatically
transferred from the juvenile courts, based on their age and type
of crime committed, pursuant to Conn. Gen. Stat. Section 46b-127(a):
Transfer of child charged with a felony to adult court. The defendants'
appeals were consolidated to challenge the constitutionality of
the statute. The Supreme Court affirmed the lower courts' ruling
by concluding that §46b-127(a) does not violate the Federal or State
Constitutions. It determined the special treatment accorded juveniles
because of their age with respect to a particular criminal offense
results from statutory authority, not an inherent constitutional
right. Thus, the right can be withdrawn or limited to certain classes
of juvenile offenders by the legislature. In addition, the lack
of notice, hearing, and assistance of counsel prior to the transfer
are not a violation of procedural due process. Next, the court rejected
an equal protection claim because the statute was deemed to treat
all juveniles identically and the prosecutor's discretion was limited.
Finally, the court concluded the statute does not violate the separation
of powers between the legislative judicial branches.
|
