transfer laws

Question 1

transfer law (def.)

Answer 1

transfer laws allow juveniles to be tried in adult, rather than juvenile court
- often called ‘waivers’
based on the belief that some juveniles can’t be rehabilitated
- every state has some transfer law
goes against ‘‘separate system’’ idea

Question 2

who is waived

Answer 2

• mostly violent offenders
• focus on serious, violent, habitual offenders

Question 3

factors to consider

transferring juveniles

Answer 3

• offense seriousness
• details of the offense
• likelihood of rehabilitation
• maturity
• previous criminal record

Question 4

demographics commonly waived

Answer 4

• male youth
• black youth
• older adolescents (16+)

Question 5

discretionary waiver (46)

Answer 5

‘judicial waiver’
- allows juvenile court judges the discretion to waive jurisdiction on a case-by-case basis
- the most common transfer mechanism
- starts in juvenile court

Question 6

mandatory waiver (12)

Answer 6

• juvenile court is required to waive jurisdiction under certain circumstances such as offender’s age, the offense, or aspect of prior record
• starts in juvenile court

Question 7

presumptive waiver (12)

Answer 7

• presumptive waiver laws determine a category of cases in which waiver from juvenile to adult court is presumed appropriate
  – while the decision is in the court’s hands, the law is in favor of the transfer
• juvenile must prove that they are suited to rehabilitation in the JJS
  – burden of proof falls on juvenile
• starts in juvenile court

Question 8

direct file (15)

Answer 8

‘prosecutorial discretion’
- prosecutor chooses between filing charges in juvenile court or adult criminal court
– discretion lies in the hands of the prosecutor, not judge

Question 9

statutory exclusion (28?)

Answer 9

• legislative decision to exclude a juvenile from juvenile court automatically based on age and/or offense (commonly murder)
• starts in adult court and won’t see juvenile court

Question 10

reverse waiver (28)

Answer 10

• allows juveniles whose cases are initiated in adult criminal court to petition to have their case transferred to juvenile court for hearing or disposition
  – preponderance of evidence & decision is in the hands of adult court judge
• some states only allow this for disposition
• starts in adult court

Question 11

once an adult, always an adult (33)

Answer 11

• once a juvenile has been tried as an adult in a state they will be tried as an adult in any subsequent cases in that state
  – in some states this only applies in felony cases
  – generally only applies to juveniles convicted of their offense

Question 12

juvenile blended sentencing (15)

Answer 12

• provide juvenile court with adult criminal sentencing options
  – used to ensure good behavior, but some activists say it increases overall risk that juvenile offenders will face adult sanctions

Question 13

criminal blended sentencing (23)

Answer 13

• allows (adult) criminal court to impose juvenile dispositions
  – may mitigate some effects of transfer laws

Question 14

MD waiver mechanisms

Answer 14

• discretionary waiver
• statutory exclusion
• reverse waiver
• once an adult, always an adult (felonies)

Question 15

youth in adult correctional facilities

stats

Answer 15

• 626 youth <18 in state prisons (2019)
  – lowest level since early 1990s’
  — 62% decline since 2010

Question 15

impact of transfer laws

Answer 15

• exposure to adult penalties
• incarceration in state prisons
• permanent criminal records
• less rehabilitative treatment
• same or higher recidivism rates as an adult
• increased likelihood of victimization (in prison particularly)