Simple English definitions for legal terms
Read a random definition: Venire facias
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 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:
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.