NACDL - Oregon v. J.C.N.-V.

Oregon v. J.C.N.-V.

Brief of Juvenile Law Center, National Association of Criminal Defense Lawyers, et al. as amici curiae in Support of Appellant, Petitioner on Review (full list of amici on cover of brief).

Oregon v. J.C.N.-V.

Brief Details

Case No.: CA A147958, S063111
Brief Filed: August 10, 2015
Jurisdiction: Supreme Court of the State of Oregon

Key Topics in the Brief

Juvenile Justice | Graham v. Florida | Miller | Transfer Evaluations | Adult Court

Briefs

Oregon-v-J-C-N-V_2-Amicus.pdf

Prior Decision

Decision below 342 P.3d 1046 (Or.App. Jan. 22, 2015).

Argument(s)

"Sophistication and maturity" is a term of art that must be interpreted in light of scientific research on adolescent development. The Oregon legislature's intent to limit waiver of offenders as young as J.C.N.-V. is supported by research on adolescent development as well as the adverse experience of youths in the adult criminal justice system. Oregon's avoidance canon obliges the court to reject the court of appeals' interpretation of the waiver statute.