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Simple English definitions for legal terms
automatic-transfer statute
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A quick definition of automatic-transfer statute:
An automatic-transfer statute is a law that says a young person who commits a serious crime will be tried as an adult in a criminal court. This happens without a hearing or a chance for the young person to explain their side of the story. Every state has some form of transfer statute, but some states allow for a hearing and a chance for the young person to have a lawyer and explain their side of the story before being transferred to adult court.
A more thorough explanation:
An automatic-transfer statute is a law that requires a juvenile to be tried as an adult in a criminal court for certain criminal acts. Every state has some form of transfer statute.
For example, if a 16-year-old is accused of committing a serious crime like murder or rape, an automatic-transfer statute may require that they be tried as an adult in a criminal court instead of a juvenile court.
It's important to note that the Supreme Court has ruled that a juvenile cannot be transferred to criminal court under a discretionary statute without a hearing, effective assistance of counsel, and a statement of reasons.
There are also discretionary-transfer statutes, which allow the prosecutor and judge to decide whether a juvenile should be tried as an adult for certain offenses. Reverse transfer statutes allow a criminal court to return certain cases to juvenile court.
Overall, automatic-transfer statutes are controversial because they can result in juveniles being sentenced to adult prisons, which can have long-lasting negative effects on their lives.