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Simple English definitions for legal terms
transfer statute
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A quick definition of transfer statute:
A transfer statute is a law that allows or requires a young person to be tried as an adult in a criminal court for a crime they have committed. Every state has some form of transfer statute. There are three types of transfer statutes: automatic-transfer, discretionary-transfer, and reverse transfer. An automatic-transfer statute requires a young person to be tried as an adult for certain crimes if certain conditions are met. A discretionary-transfer statute allows the prosecutor and judge to decide whether a young person should be tried as an adult for certain crimes. A reverse transfer statute allows a criminal court to send a case back to juvenile court. It is important to note that a young person cannot be transferred to criminal court without a hearing, a lawyer, and a reason for the transfer.
A more thorough explanation:
A transfer statute is a law that allows or requires a juvenile to be tried as an adult in a criminal court for a criminal act. Every state has some form of transfer statute. There are three types of transfer statutes:
- Automatic-transfer statute: A law that requires the transfer from delinquency court to criminal court for certain offenses if certain statutory requirements are met. For example, if a juvenile commits murder, the case may automatically be transferred to criminal court.
- Discretionary-transfer statute: A law that allows, but does not require, the transfer from delinquency court to criminal court for certain offenses if certain statutory requirements are met. The prosecutor has the discretion to request the transfer, and the judge has the discretion to order the transfer. For example, if a juvenile commits a serious offense like armed robbery, the prosecutor may request the transfer to criminal court.
- Reverse transfer statute: A provision that allows a criminal court to return certain cases to juvenile court. For example, if a juvenile is tried as an adult but is found not guilty, the case may be returned to juvenile court.
The Supreme Court has held that a juvenile cannot be transferred to criminal court under a discretionary statute "without ceremony - without hearing, without effective assistance of counsel, without a statement of reasons." This means that the juvenile has the right to a fair hearing and legal representation before being transferred to criminal court.
Overall, transfer statutes are designed to hold juveniles accountable for their actions and ensure public safety. However, they are controversial because some people believe that juveniles should not be treated as adults in the criminal justice system.