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State v. Superior Court of Maricopa County

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eBook details

  • Title: State v. Superior Court of Maricopa County
  • Author : Arizona Supreme Court
  • Release Date : January 02, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

The issue presented is whether the provisions of A.R.S. § 13-501 in the criminal code are applicable to delinquency proceedings in juvenile court. The State urges us to restrict the operation of A.R.S. § 13-501 to those instances where children are tried in adult criminal proceedings following transfer from juvenile court. See Rules 12-14, Arizona Rules of Procedure for the Juvenile Courts, 17A A.R.S. The States contention is that the delinquency adjudication provisions of the juvenile code create an independent procedure for the disposition of juvenile offenders which is separate from adult criminal prosecution and which thereby renders A.R.S. § 13-501 inapplicable. The petitioner argues that the presumption of incapacity for children under fourteen years of age is a safeguard for all children accused of criminal behavior whether charged in an adult criminal proceeding or in juvenile court.


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