The transferring of juvenile to an adult court system occurs when a juvenile case has to process in the adult court system due to their criminal charges. With the pressure of the community demands for a juvenile to be recognized and transferred to an adult criminal justice system. In doing so, the juvenile is then considered now as an adult, therefore he will receive the same disciplinary as an adult. The Supreme Court ruled in 2012 the case of Miller v. Alabama that a juvenile who committed a murder will receive their punishment based on their age and other factors. Nevertheless, the Eighth Amendment prohibits states from given a juvenile homicide mandatory life sentence without parole. Also, the case of Graham v. Florida bans a juvenile from
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4.) Determine which program will be in the best interest of the juvenile either in the adult correctional facility or juvenile system.
5.) The child is not committable to a mental institution(Tennessee Transfer, n.d.).
In the state of Tennessee, a standard for transferring a juvenile to adult court for trial processes by Rule 208: Transfer to Criminal Court. In order for the Tennessee court transfer a juvenile to adult court, it must file a written notice with good intent, according to the Tenn Code Ann 37-1-134. The court has 90 days to determine if they're going to be a transfer after the child has been charged with the offense and less than 14 days or depending which one may occur first. Therefore, in seeking for a transfer, the notice of intent must be filed at least 14 days prior to the transfer hearing. In doing so, the case will proceed according to the Tenn, Code Ann 37-1-134, and not its merits. Under the code, the court has to find a reason to believe that the child committed the crime. In the meanwhile, it is the prosecution responsibility to persuade the court that such action was conducted( Rule 208: Transfer to Criminal Court,
4.) Determine which program will be in the best interest of the juvenile either in the adult correctional facility or juvenile system.
5.) The child is not committable to a mental institution(Tennessee Transfer, n.d.).
In the state of Tennessee, a standard for transferring a juvenile to adult court for trial processes by Rule 208: Transfer to Criminal Court. In order for the Tennessee court transfer a juvenile to adult court, it must file a written notice with good intent, according to the Tenn Code Ann 37-1-134. The court has 90 days to determine if they're going to be a transfer after the child has been charged with the offense and less than 14 days or depending which one may occur first. Therefore, in seeking for a transfer, the notice of intent must be filed at least 14 days prior to the transfer hearing. In doing so, the case will proceed according to the Tenn, Code Ann 37-1-134, and not its merits. Under the code, the court has to find a reason to believe that the child committed the crime. In the meanwhile, it is the prosecution responsibility to persuade the court that such action was conducted( Rule 208: Transfer to Criminal Court,