A recurrent issue in juvenile proceedings is whether the
subject of an
investigation was under the age of 18 at the time of the offense
and whether he
or she now is under 21 for the purpose of juvenile delinquency
proceedings.
See 18 U.S.C. § 5031.
If you have a question concerning the subject's age and the
subject has no
undisputed proof of birth date to offer the court, we have taken
the position
that the burden of proof is on the person claiming the benefit of
the federal
juvenile statutory provisions, especially since that person is in
the best
position to offer evidence of his or her age. On the other hand,
if the exact
date of the offense is the critical issue, that burden will
probably be
placed on the prosecutor.
From the outset of an investigation, there is a need to
exercise certain
precautions when proceeding against a juvenile. Some examples
follow: