01-24-08 A-1751-03T4
In determining whether to waive a charge of a Chart 1
offense against a juvenile over the age of sixteen, the Family
Part is not required to consider the juvenile's alleged
psychological impairments. N.J.S.A. 2A:4A-26, which authorizes
the Family Part to waive jurisdiction to adult court based on
judicial fact-finding by a preponderance of the evidence, does
not violate a juvenile-defendant's jury trial rights under the
principles set forth in Apprendi and Blakely.
