In this paper, I will be discussing the different ways in which juveniles are transferred into the adult criminal court, and the risks and benefits of each method of transfer. In addition, the mechanisms used to explain the effectiveness of transfer policies will be examined. Finally, I will discuss why transfer policies regarding juvenile offenders should be modified.
Over the past couple decades there has been a significant expansion in the allowance of transferring of juveniles to adult criminal court. Currently, all fifty states allow for juveniles to be transferred from to adult criminal court. There are different methods in which juveniles are transferred into the adult system. They are by way of: Judicial waiver, statutory exclusion, …show more content…
With statutory exclusion, a juvenile that commits a crime that is considered an excluded offense, will be handled as an adult in criminal court from the beginning. The most common offense affected by statutory exclusion is murder. However, other serious or violent offenses are also excluded in many states. In addition, many states have automatic transfers for juveniles that have previously had their cases prosecuted in criminal court (Fagan, 2008). The benefit of statutory exclusion is that it automatically transfers cases that undoubtedly should be transferred. These cases would include premeditated murder, aggravated rape, and armed robbery. It also eliminates the subjective decision making of judicial waiver by having a uniform and consistent transfer process. The potential risk of statutory exclusion is that it may transfer juvenile offenders that are not chronic delinquents, have not committed a violent offense, and are not at a higher risk for reoffending. Another risk of statutory exclusion is that eliminates discretion on behalf of the prosecutor and judge. In many cases, this eliminates their authority to prevent cases from being transferred out of juvenile court (Fagan,
Over the past couple decades there has been a significant expansion in the allowance of transferring of juveniles to adult criminal court. Currently, all fifty states allow for juveniles to be transferred from to adult criminal court. There are different methods in which juveniles are transferred into the adult system. They are by way of: Judicial waiver, statutory exclusion, …show more content…
With statutory exclusion, a juvenile that commits a crime that is considered an excluded offense, will be handled as an adult in criminal court from the beginning. The most common offense affected by statutory exclusion is murder. However, other serious or violent offenses are also excluded in many states. In addition, many states have automatic transfers for juveniles that have previously had their cases prosecuted in criminal court (Fagan, 2008). The benefit of statutory exclusion is that it automatically transfers cases that undoubtedly should be transferred. These cases would include premeditated murder, aggravated rape, and armed robbery. It also eliminates the subjective decision making of judicial waiver by having a uniform and consistent transfer process. The potential risk of statutory exclusion is that it may transfer juvenile offenders that are not chronic delinquents, have not committed a violent offense, and are not at a higher risk for reoffending. Another risk of statutory exclusion is that eliminates discretion on behalf of the prosecutor and judge. In many cases, this eliminates their authority to prevent cases from being transferred out of juvenile court (Fagan,