Introduction
Juvenile transfer hearing is a court proceeding where a juvenile offender may be tried as an adult due to the severity of the crime committed. The primary purpose of a transfer hearing is to determine if a juvenile should be tried in juvenile court or adult court. This article will discuss the definition, history, and characteristics of juvenile transfer hearings.
Definition
A juvenile transfer hearing is a court proceeding used to determine if a juvenile offender should be tried as an adult. The hearing is conducted before a judge and is based on the severity of the crime alleged. The decision to transfer a juvenile to adult court is usually based on the seriousness of the offense, the age of the offender, and prior criminal record. The transfer hearing is intended to protect the rights of the juvenile and ensure that the juvenile is given due process.
History
The concept of juvenile transfer hearings began in the late 19th century when the juvenile justice system was created. The system was designed to protect young offenders from the harsh punishments handed down in adult court. The concept of a transfer hearing was first used in the United States in California in 1929. The idea of transfer hearings was adopted by other states in the 1970s and 1980s as the juvenile justice system developed.
Characteristics
Juvenile transfer hearings have several characteristics that make them unique. First, the hearing is heard before a judge and is closed to the public. This privacy allows the juvenile to have a fair trial and ensures that the juvenile’s rights are protected. Second, the hearing is based on the severity of the crime alleged. The judge will consider the age of the offender, prior criminal record, and the seriousness of the offense in determining whether to transfer the juvenile to adult court. Third, the hearing is conducted in a way that the juvenile is given due process. This includes the right to an attorney and the right to present evidence.
Conclusion
In conclusion, juvenile transfer hearings are court proceedings used to determine if a juvenile offender should be tried as an adult. The hearing is conducted before a judge and is based on the severity of the crime alleged. The decision to transfer a juvenile to adult court is usually based on the seriousness of the offense, the age of the offender, and prior criminal record. The transfer hearing is intended to protect the rights of the juvenile and ensure that the juvenile is given due process.
References
California Department of Corrections and Rehabilitation. (2020). Juvenile transfer hearings. Retrieved from https://www.cdcr.ca.gov/juveniles/juvenile-transfer-hearings/
Hanson, S. L. (2015). Transfer hearings and juvenile justice: A primer. National Institute of Justice Journal, (284), 1-7.
Office of Juvenile Justice and Delinquency Prevention. (2020). Juvenile transfer. Retrieved from https://www.ojjdp.gov/juvenile-justice/topics/juvenile-transfer/
The Sentencing Project. (2020). Transfer of juveniles to criminal court. Retrieved from https://www.sentencingproject.org/publications/transfer-of-juveniles-to-criminal-court/