Supreme Court of New Jersey

State of New Jersey v. R.g.d., Defendant-Respondent State of New Jersey v. W.t.p., Defendant-Respondent

June 29, 1987108 N.J. 1

Summary

The Supreme Court of New Jersey reversed the Appellate Division’s order keeping R.G.D. and W.T.P. in juvenile court and remanded for a proper waiver analysis under N.J.S.A. 2A:4A‑26. The Court held that the statute creates a presumption in favor of waiving “Chart 1” offenders to adult court and places the burden on the juvenile to prove that rehabilitation outweighs the reasons for waiver. It also concluded that a juvenile does not have a constitutional right to an independent psychiatric expert at a waiver hearing.