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Simple English definitions for legal terms

transfer statute

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A quick definition of transfer statute:

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 more thorough explanation:

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:

  • Automatic-transfer statute: A law that requires the transfer from delinquency court to criminal court for certain offenses if certain statutory requirements are met. For example, if a juvenile commits murder, the case may automatically be transferred to criminal court.
  • Discretionary-transfer statute: A law that allows, but does not require, the transfer from delinquency court to criminal court for certain offenses if certain statutory requirements are met. The prosecutor has the discretion to request the transfer, and the judge has the discretion to order the transfer. For example, if a juvenile commits a serious offense like armed robbery, the prosecutor may request the transfer to criminal court.
  • Reverse transfer statute: A provision that allows a criminal court to return certain cases to juvenile court. For example, if a juvenile is tried as an adult but is found not guilty, the case may be returned to juvenile court.

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.

transferred malice | Transfers to Minors Act

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lilypadfrog
13:01
i hope u guys would put me down like a dog that bit a baby
Trismegistus
13:02
@texaslawhopefully: i saw 3/4 down alphabet then 30- mins later 1/2 down alphabet
texaslawhopefully
13:02
so they're still calling?
Trismegistus
13:03
that i dont know
KeenHeartbreakingRattlesnake
13:03
the Penn e wave is about to cook me
atwatodbit
13:03
@sadpadresfan: did you get your Cornell scholly with your A at the same time? I think they gave me nothing...
lilypadfrog
13:04
tex also got cornell scholly ask him
texaslawhopefully
13:04
there's a form you fill out
texaslawhopefully
13:04
and they'll get back to you within a few days
13:04
@atwatodbit: they emailed me a day after submitting the form
atwatodbit
13:05
ah ok, i've seen that, just need to get parental info then. just making sure
13:05
Feeling fortunate and its my top choice as of now haha
lilypadfrog
13:06
what if you fill this out and you haven’t been admitted? just a next level move? they probably have to let you in then
PerpetualCheerfulBeaver
13:06
I applied to all my places in late september and am still waiting to hear back. ive missed all three types of waves (WL,R,A) am i screwed??
texaslawhopefully
13:07
Your guess is as good as mine. I'm in the same boat for most schools
Trismegistus
13:07
begging chicago for an A
atwatodbit
13:08
the vast majority of the t14 has not hit 50% of their As, many have not even hit 25%. zero reason for panic
PerpetualCheerfulBeaver
13:08
Thank you texas!
choosingpeace
13:08
missing CLS and Penn waves im so screwed
choosingpeace
13:08
i applied early too i hate everything im crashing out im crashing OUT
PerpetualCheerfulBeaver
13:08
I literally have no experience in this type of stuff, but if i get waitlisted, should i send an email about continued interest?
lilypadfrog
13:09
im so nonchalant
lilypadfrog
13:09
i will probably hear something back eventually
texaslawhopefully
13:10
I wish I could be like you lily
Trismegistus
13:10
im actively losingh my mind man
choosingpeace
13:10
@texaslawhopefully: lmaoo same Im crashing out so bad like it's never been this bad
texaslawhopefully
13:11
I need Chicago on Friday
Trismegistus
13:11
me too
Trismegistus
13:11
sixty coffees is having an insane cycle
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