CT Supreme Court
245 Conn. 93; 715 A.2d 652
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 Thus, the right can be withdrawn or limited to certain classes of juvenile offenders by the legislature.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.
Filed in Tags: Juvenile Justice
« Back to Case Library