Juvenile will be transferred for adult criminal prosecution when, after balancing several factors, a court finds that the defendant committed heinous crimes and that he had a leadership role in their commitment.
Among other things, I.H. was charged with robbery and aggravated rape. The government moved to have IH. prosecuted as an adult and the court, after hearing testimony by both prosecution and defense witnesses, weighed several factors to determine the motion. The court reviewed the following factors: 1. the age and social background of the juvenile; 2. the nature of the alleged offenses (including the juvenile's leadership role in those offenses); 3. the extent and nature of the juvenile's prior delinquency record; 4. the juvenile's present intellectual development and psychological maturity; 5. the nature of past treatment efforts and the juvenile's response to such efforts; 6.the availability of programs designed to treat the juvenile's behavioral problems.
In applying and balancing the facts of the case, the court relied heavily on the first and second factors. While it noted that I.H. had no record and that he had appropriate maturity and psychological development, his role as leader, his age (he was 17 when he committed the crime) and the savagery and degree of violence used in committing the crimes outweighed these factors.