New Jersey Statutes 2C:4-11. Immaturity excluding criminal conviction; transfer of proceedings to family court
Terms Used In New Jersey Statutes 2C:4-11
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) At the time of the conduct charged to constitute the offense he was less than 14 years of age, in which case the family court shall have exclusive jurisdiction unless pursuant to section 8 of the “New Jersey Code of Juvenile Justice” the juvenile has demanded indictment and trial by jury; or
(2) At the time of the conduct charged to constitute the offense he was 14, 15, 16 or 17 years of age, unless:
(a) The family court has no jurisdiction over him;
(b) The family court has, pursuant to section 7 of “New Jersey Code of Juvenile Justice,” entered an order waiving jurisdiction and referring the case to the county prosecutor for the institution of criminal proceedings against him;
(c) The juvenile has, pursuant to section 8 of the “New Jersey Code of Juvenile Justice,” demanded indictment and trial by jury.
b. No court shall have jurisdiction to try and convict a person of an offense if criminal proceedings against him are barred by subsection a. of this section. When it appears that a person charged with the commission of an offense may be of such an age that proceedings may be barred under subsection a. of this section, the court shall hold a hearing thereon, and the burden shall be on such person to establish to the satisfaction of the court that the proceeding is barred upon such grounds. If the court determines that the proceeding is barred, custody of the person charged shall be surrendered to the family court and the case, including all papers and processes relating thereto shall be transferred.
L.1978,c.95; amended 1982,c.77,s.32.