For the FJDA to apply, certain statutory requirements must be met.
Once it is determined that the individual qualifies as a juvenile within the meaning of the FJDA, federal jurisdiction under the Act is proper if "(1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction ..., (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony" or a Controlled Substance offense, (30) and a "substantial Federal interest" exists.
(35) Prior to the FJDA's 1974 amendments, the Attorney General alone held the power to waive juvenile jurisdiction and have the juvenile tried as an adult.
(41) The factors Congress provided in the FJDA include:
FJDA Proceedings Distinct from Federal Criminal Proceedings
Important differences exist between a juvenile adjudicated under the FJDA and a juvenile charged as an adult in a federal criminal proceeding.
Courts have consistently held that the FJDA does not grant the right to a trial by jury because juvenile proceedings are not criminal in nature, thereby making the Sixth Amendment's guarantee of a trial by jury inapplicable.
After the 1974 amendments to the FJDA that deleted the provision explicitly stating that juveniles would not have a right to trial by jury in juvenile proceedings, courts faced the argument that the deletion of the provision implies the Congressional intent of giving the right to trial by jury.
FJDA is expanding its dealer network to more than 40 outlets nationwide.
CMC pointed out that FJDA has capitalization of 160 million euro, in which CMC has a 16.225% stake.
The Taiwanese automaker said that the first Viano produced by FJDA would be powered by 2,200cc diesel, 2,500cc gasoline engines.
According to CMC, FJDA's manufacturing facility includes body, paint and assembly areas, totaling 128,000 square meters.