(a) If any child is charged with an offense which would be punishable by life imprisonment
if committed by an adult, that child, upon motion of the attorney general, shall be
brought before the court and the court shall conduct a waiver hearing pursuant to
§ 14-1-7.1.
(b) Any child sixteen (16) years of age or older who is charged with an offense which
would constitute a felony if committed by an adult shall, upon motion of the attorney
general, be brought before the court and the court shall conduct a waiver hearing
pursuant to § 14-1-7.1.
(c) Any child who is charged with an offense which would constitute a felony if committed
by an adult shall, upon motion of the attorney general, be brought before the court
and the court shall conduct a certification hearing pursuant to § 14-1-7.2.
(d) Any motion for waiver or certification shall be filed with the court within thirty
(30) days of arraignment.
(e) In any hearing on a motion for waiver pursuant to § 14-1-7.1, the court may consider whether or not the child may be alternatively certified pursuant
to § 14-1-7.2.
Notes of Decisions
Cited in
28
cases, 1966–2018 · leading case:
State v. Day, 911 A.2d 1042 (R.I. 2006).
State v. Day, 911 A.2d 1042 (R.I. 2006).
· cites it 18× “When a child is waived from the jurisdiction of the Family Court pursuant to G.L.1956 §§ 14-1-7 and 14-1-7.1 to stand trial as an adult, is the Attorney General then prohibited from charging the child with offenses different from, and/or in addition to, those upon which the…”
State v. Greenberg, 951 A.2d 481 (R.I. 2008).
· cites it 5× “The conditions prerequisite to a waiver of jurisdiction and the mandate for a probable-cause hearing are set forth in §§ 14-1-7 and 14-1-7.1. In his decision, the Superior Court justice concluded that the Legislature intended to expand those instances in which the Family Court…”
State of Iowa v. Noah Riley Crooks, 911 N.W.2d 153 (Iowa 2018).
· cites it 2× “Act 10) (excluding murder from the definition of “delinquent act”); 14 R.I. Gen. Laws Ann. § 14-1-7 to -7.1 (West, Westlaw through ch.”
In Re Harrison, 992 A.2d 990 (R.I. 2010).
· cites it 4× “1 provides: "(a) Upon a motion by the attorney general pursuant to § 14-1-7, the court shall conduct a hearing at which it shall be the duty of the attorney general to produce evidence to enable the court to determine: "(1) That probable cause exists to believe that the offense…”
State v. Mastracchio, 546 A.2d 165 (R.I. 1988).
· cites it 3× “It provides in pertinent part: “If a child sixteen (16) years of age or older is charged with an offense which would render said person subject to indictment if he were an adult, a justice of the family court after full investigation, may waive jurisdiction and order such child…”
State v. Green, 502 S.E.2d 819 (N.C. 1998).
· cites it 2× “15, § 3101 (West Supp.1997), Neb.Rev. Stat. §§ 43-261, 43-276 (1993), N.”
State v. Quandell Husband, 162 A.3d 646 (R.I. 2017).
· cites it 2× “On September 14, 2012, the Family Court held a hearing pursuant to G.L. 1956 §§ 14-1-7 and 14-1-7.1 to determine whether the Family Court should relinquish its jurisdiction over defendant.”
State v. Campbell, 691 A.2d 564 (R.I. 1997).
· cites it 2× “A delinquency petition was filed against defendant and, upon a motion of the Attorney General, a waiver-of-jurisdietion hearing was held in the Family Court, pursuant to G.L.1956 §§ 14-1-7 and 14-1-7.1. Following the hearing, the Family Court waived jurisdiction over defendant,…”
Bouchard v. Price, 694 A.2d 670 (R.I. 1997).
· cites it 2× “18, § 2 (adding new sections 14-1-7, 14-1-7.1, 14-1-7.2, and 14-1-7.”
In Re Correia, 243 A.2d 759 (R.I. 1968).
· cites it 4× “1956, §14-1-7. This section provides: “If a child sixteen (16) years of age or older is charged with an offense which would render said person subject to indictment if he were an adult, a judge of the juvenile court after full investigation, may waive jurisdiction and order such…”
In Re Robert, 406 A.2d 266 (R.I. 1979).
· cites it 4× “1956 (1969 Reenactment) §§14-1-7, -.1. Section 14-1-7 gives a Family Court justice the discretion to waive jurisdiction, after a “full investigation,” over any juvenile 16 years of age or older where the juvenile misconduct would be an indictable offense if performed by an adult.”
Mastracchio v. Moran, 698 A.2d 706 (R.I. 1997).
· cites it 2× “Following his appeal in which his juvenile age at the time of the murder was an issue, this Court remanded the ease to the Superior *710 Court for a de novo waiver hearing to determine whether, in the circumstances of the Valente murder, the Family Court would have waived…”
— R.I. Gen. Laws § 14-1-7(c) — 1 case
In Re Harrison, 992 A.2d 990 (R.I. 2010).
“1 provides: "(a) Upon a motion by the attorney general pursuant to § 14-1-7, the court shall conduct a hearing at which it shall be the duty of the attorney general to produce evidence to enable the court to determine: "(1) That probable cause exists to believe that the offense…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.