Legal Definitions - transfer statute

A transfer statute is a legal provision that allows or requires a young person, who would typically be processed within the juvenile justice system, to be tried in an adult criminal court for an alleged criminal act. Every state has some form of these statutes, which are designed to address situations where the juvenile system might not be deemed appropriate due to factors like the severity of the crime or the age and history of the individual.

There are several types of transfer statutes:

• Automatic Transfer Statute

  An automatic transfer statute is a law that mandates the transfer of a juvenile's case from juvenile court to adult criminal court if specific statutory criteria are met. These criteria typically involve the juvenile's age and the nature of the alleged offense, often very serious felonies.

  • Example: Imagine a state law that dictates any 16-year-old charged with aggravated assault involving a firearm must automatically be tried in adult criminal court. If a 16-year-old named Chris is accused of this specific crime, their case would bypass the juvenile system entirely and proceed directly to adult court, without a judge needing to make a specific decision to transfer it.

  • Explanation: This illustrates an automatic transfer because the statute leaves no room for discretion; the combination of Chris's age and the specific charge (aggravated assault with a firearm) triggers a mandatory transfer to the adult system.

• Discretionary Transfer Statute

  A discretionary transfer statute is a law that allows, but does not mandate, the transfer of a juvenile's case to adult criminal court. Under these laws, a prosecutor typically requests the transfer, and a judge then decides whether to grant it, often after considering factors like the juvenile's age, criminal history, the severity of the offense, and the likelihood of rehabilitation within the juvenile system.

  • Example: Consider a state where a 15-year-old, Sarah, is accused of repeated acts of vandalism and petty theft, but these offenses do not trigger an automatic transfer. The prosecutor reviews Sarah's case, noting her history of multiple prior offenses and a lack of response to juvenile interventions. The prosecutor decides to ask the judge to transfer Sarah's case to adult court. The judge then holds a hearing, considers arguments from both sides, and ultimately decides whether Sarah should be tried as an adult, weighing her history against the potential for rehabilitation in the juvenile system.

  • Explanation: This is a discretionary transfer because the law gives both the prosecutor the choice to request the transfer and the judge the power to decide whether to approve it, rather than it happening automatically.

• Reverse Transfer Statute

  A reverse transfer statute is a provision that allows an adult criminal court to send a case involving a juvenile defendant back to the juvenile court system. This typically occurs after a juvenile has been initially transferred to adult court (either automatically or through a discretionary process), but subsequent information or circumstances suggest that the juvenile court might be a more appropriate venue for handling the case.

  • Example: Suppose 17-year-old David is automatically transferred to adult court after being charged with a serious felony like carjacking, due to a state's automatic transfer law. During the adult court proceedings, David's defense attorney presents compelling evidence that David was coerced into the crime by an older gang member and has a documented history of severe developmental disabilities that were not fully considered during the initial transfer. The adult court judge, using a reverse transfer statute, determines that David's case would be better handled by the juvenile court, which has specialized programs and resources better equipped to address his specific needs and circumstances.

  • Explanation: This demonstrates a reverse transfer because David's case, initially in adult court, is sent back to the juvenile court system, illustrating the "reversal" of the initial transfer decision based on new considerations presented to the adult court.