Transfer of juvenile offenders for adult prosecution provides the nexus between the deterministic, rehabilitative premises of juvenile justice and the freewill, punishment assumptions of criminal justice. This article analyzes the history, implementation, and consequences of changes in transfer laws over the past few decades. It places transfer decisions in a broader sentencing policy context, examining alternative transfer strategies, and reviews evaluations of their implementation. It also explores legislative approaches and the characteristics of youths transferred under each regime. Furthermore, it considers the sentencing policy goals of transfer and assays to what extent transfers of jurisdiction achieve goals of retribution, general deterrence, incapacitation, specific deterrence, or the recognition of youths' diminished criminal responsibility. Finally, the article presents a prescriptive conclusion about appropriate waiver policies for juvenile courts, suggesting a review of judges' waiver decisions by appellate courts and develop general sentencing principles to define a consistent boundary of adulthood.
|Original language||English (US)|
|Title of host publication||The Oxford Handbook of Juvenile Crime and Juvenile Justice|
|Editors||Barry C. Feld, Donna M. Bishop|
|Publisher||Oxford University Press|
|State||Published - Dec 23 2011|
Bibliographical notePublisher Copyright:
© 2012 by Oxford University Press. All rights reserved.
- Adult prosecution
- Juvenile offenders
- Sentencing policy
- Transfer laws
- Transfer strategies
- Waiver decisions