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Juvenile Transfers

Juvenile Transfers

National trends in juvenile justice discuss how juveniles should be tried, whether it is in a juvenile or a criminal court.  Juveniles can be tried in all 50 states.  Juvenile’s age varies from state to state when dealing with transfers.  The group of offenses that can send a juvenile in the direction of criminal court is: any crime, capital crimes and murder, specified violent felonies, and specified crimes plus a prior record.  There are three types of transfer laws: automatic, judicial-discretionary, and prosecutorial-discretionary.  The automatic transfer law is a law stating that any juvenile who commits either murder, manslaughter, kidnapping, rape, aggravated assault, arson, or any crimes committed with a fire arm. In many instances the older the juvenile is, the more likely he or she will be transferred to adult court for the above felonies.  The judicial-discretionary juvenile law is when the prosecutor files a petition or motion with the juvenile court and the judge decides whether to transfer the case or not.  The other option is prosecutorial-discretionary juvenile law; this is when the prosecutor uses his or her discretion to decide whether to file a case in juvenile or criminal court.

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