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Buck v. State6/11/2002
LEE AND IRVING, JJ., JOIN THIS SEPARATE WRITTEN OPINION.
Section 43-21-105, defines delinquent child and delinquent act, respectively as: (i) "Delinquent child" means a child who has reached his tenth birthday and who has committed a delinquent act or, while being required to attend an alternative school program provided under Section 37-13-92, willfully and habitually absents himself therefrom. (j) "Delinquent act" is any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention and violations of the Mississippi Schools Compulsory Attendance Law, violations of the Uniform controlled Substances Law and violent behavior.
The requirement of clear and convincing evidence places a heightened burden upon the youth court prior to transfer of a child to the adult system. Foster v. State, 639 So. 2d 1263, 1293 (Miss. 1994); State v. U.G. 726 So. 2d 151 ( ) (Miss. 1999) (Banks, J. dissenting). This heightened standard is consistent with the philosophy of the youth court act that children are vulnerable, and require special protection.
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