## Facts

- Kafan Bahjat Hana, a juvenile, was arrested during a Sterling Heights drug raid tied to a planned cocaine transaction and was charged with major cocaine offenses and related crimes.
- Michigan probate court conducted a bifurcated juvenile waiver hearing: Phase I (probable cause) and Phase II (disposition on whether to waive juvenile jurisdiction).
- During transport, an officer gave Miranda warnings and instructed Hana and others not to speak to officers; Hana appeared to understand the warnings.
- After officers learned Hana was a juvenile and separated him to a juvenile bureau area, Hana made incriminating statements to an officer about prior drug dealing and large-scale cocaine sales.
- At Phase II, the probate judge considered police testimony (including Hana’s post-arrest statements) and defense evidence (character witnesses and psychological testimony) and waived jurisdiction for adult prosecution.
- The Michigan Court of Appeals reversed, concluding that criminal-proceeding constitutional protections applied to Phase II; the prosecution sought further review.

## Issues

1. Whether the “full panoply” of Fifth and Sixth Amendment protections applicable in criminal proceedings applies to the dispositional (Phase II) portion of a juvenile waiver hearing.
2. Whether the probate court’s Phase II waiver decision is constrained by criminal-trial evidentiary restrictions, including doctrines that might exclude statements.

## Decision

- The Michigan Supreme Court reversed the Court of Appeals.
- The Court held that full Fifth and Sixth Amendment trial-level protections do not apply to the dispositional phase of a juvenile waiver hearing.
- The Court ruled that, consistent with the Probate Code’s design, the probate court retains broad discretion in Phase II and is not bound by certain criminal-trial evidentiary requirements.
- The case was remanded for consideration of remaining appellate issues not reached by the Court of Appeals.

## Legal Principles

- A juvenile waiver hearing is bifurcated:
  - Phase I (adjudicative/probable cause) functions like a preliminary examination and is governed by criminal-trial-type evidentiary standards.
  - Phase II (dispositional/waiver decision) is a status and forum determination, not a guilt adjudication, and permits consideration of a broader range of information relevant to treatment amenability and public safety.
- The dispositional phase is not transformed into a criminal trial merely because waiver can expose a juvenile to adult prosecution and penalties.
- Due process protections apply to waiver proceedings, but the Fifth and Sixth Amendment protections specific to criminal trials do not categorically control dispositional waiver determinations.
- In Phase II, the probate court may consider information (including a juvenile’s statements) that might be inadmissible at a criminal trial, so long as the proceeding remains fundamentally fair.

## Conclusion

The Michigan Supreme Court held that juvenile waiver proceedings require criminal-trial-type safeguards at the probable-cause stage, but not at the dispositional stage, where probate courts may use broader information to decide whether juvenile jurisdiction should be waived in favor of adult prosecution.


People v. Hana, 443 Mich. 202, 504 N.W.2d 166 (1993)