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Simple English definitions for legal terms

discretionary-transfer statute

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A quick definition of discretionary-transfer statute:

A discretionary-transfer statute is a law that allows a juvenile to be tried as an adult in a criminal court for a criminal act. This means that the prosecutor can ask for the transfer, and the judge can decide whether or not to grant it. However, the Supreme Court has ruled that a juvenile cannot be transferred without a fair hearing, effective assistance of counsel, and a statement of reasons. Every state has some form of transfer statute, but there are also automatic-transfer statutes that require certain offenses to be transferred to criminal court, and reverse transfer statutes that allow criminal cases to be returned to juvenile court.

A more thorough explanation:

A discretionary-transfer statute is a law that allows a juvenile to be tried as an adult in a criminal court for a criminal act. This type of law gives the prosecutor the discretion to request the transfer, and the judge the discretion to order the transfer.

For example, if a 16-year-old commits a serious crime, such as murder or rape, the prosecutor may request that the case be transferred to criminal court. The judge will then decide whether or not to grant the request and transfer the case to criminal court.

It is 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. This means that the juvenile has the right to a fair trial and cannot be transferred without proper legal procedures.

Every state has some form of transfer statute, which can be either discretionary or automatic. An automatic-transfer statute is a law that requires the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met. On the other hand, a discretionary-transfer statute allows but does not mandate the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met.

Another type of transfer statute is a reverse transfer statute, which allows a criminal court to return certain cases to juvenile court.

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JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
8:57
There’s someone I found on here with the username threeoutchange and if my understanding is correct that’s a reference to the debut album by a pretty cool 90s-00s Japanese band called Supercar. I geeked a little
8:57
It could just be a baseball reference I don’t get though lol
Dkk
9:00
@renard99: also, the same band that does a song in the anime Eureka 7 which I watched when I was like idk, 12
9:00
Yeah! They are pretty good. Three Out Change is an awesome J-rock record
Dkk
9:01
I will probably not listen to them more but fun fact. Really random to start the day. An omen that the waves will be very random today.
Dkk
9:03
Fuck, reading the wikipedia now. Literal last song they did before they broke up was Storywriter. Wow.
9:05
That one is a masterpiece
9:05
My favorite song by them is Recreation
glovediedthisishismom
9:05
snowing
Dkk
9:07
@renard99: man, hard to find.
Dkk
9:07
@glovediedthisishismom: Congrats on the snow.
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