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Patriot Act Hysteria -- A Trip Down Memory Lane Orin Kerr, at Volokh Consipracy, provides his definitive perspective on this case.
76 posted on 05/08/2009 5:14:32 PM PDT by Cboldt
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Criminal Resource Manual 628 Speedy Trial Act of 1974
B. The Speedy Trial Act is inapplicable to juvenile delinquency proceedings, which have their own speedy trial provision. See 18 U.S.C. § 5036 (speedy trial provision of the Juvenile Delinquency Act).

Still, this section of the CRM is interesting for how it handles pre-charge detention.

The information or indictment must be filed within 30 days from the date of arrest or service of the summons. 18 U.S.C. § 3161(b). Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. 18 U.S.C. § 3161(c)(1).

Another point I've bumped into in research has to do with the notion of joint jurisdiction, where an offense of both a state and a federal offense. The Feds are required to "certify" that they should take the defendant, over the state.

Criminal Resource Manual 41 - Certification

In cases of concurrent jurisdiction, the appropriate local prosecutor should be briefed on the facts of the case, and a determination made as to whether he/she is accepting or refusing prosecutorial responsibilities in the matter. If a local prosecutor refuses to assume jurisdiction over the juvenile, federal prosecutors may wish to consider whether it would be helpful to attach a confirming letter from the local prosecutor to the certification filed with the court.

There are certain crimes where the Feds easily get the case. 18 USC 844(e) is NOT enumerated as grounds for quick certification, see 18 USC 5032(3) for the list. This is a complex run of statutory prose, and it describes "certification" (feds take the case over the state) and "transfer" (try as an adult). The bias is for the prosecution to be handled by the state, but juvenile bomb hoax cases are commonly handled in federal courts.

CRM Section 9-8.000 - Juveniles

With the amount of publicity this case has obtained, the details of the detention, timing of filing of the information, outcome of the motion to "transfer" (try as an adult) and outcome of any motion to dismiss on failure to obtain a speedy trial are most likely going to come out.

I think my posts here capture all of the issues, albeit not in any decent summary form.

77 posted on 05/08/2009 6:14:58 PM PDT by Cboldt
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