NCJ Number
137919
Journal
Journal of Juvenile Law Volume: 7 Issue: 2 Dated: (1983) Pages: 254-259
Date Published
1983
Length
6 pages
Annotation
This article addresses the question of whether a trial court may transfer a minor from the juvenile court's jurisdiction to the court's criminal jurisdiction for prosecution as an adult without meaningful review or inquiry.
Abstract
Two transfer processes are examined: the adjudication of a juvenile as a delinquent after committing an act which if committed by an adult would involve a prison term; and a waiver or transfer of jurisdiction by the juvenile court to place the youth under the permanent jurisdiction of the adult court system. The cases cited, if accepted as representative of most jurisdictions, allow the inference that the courts, while protective of the juvenile offender, are more willing to consider several aspects of the transfer proceedings, including the personal factors of the offending juvenile and the nature of his or her crime, and then to balance the probabilities of rehabilitation with the safety of the general public. 17 footnotes