Current Dimensions of the Criminal Prosecution of Juvenile Offenders

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Copyright: 2023
Pages: 11
Source title: Realizing the Purpose and Benefits of Juvenile Transfer to Criminal Court
Source Author(s)/Editor(s): Joseph B. Sanborn, Jr. (University of Central Florida (Retired), USA)
DOI: 10.4018/978-1-7998-7923-7.ch003

Keywords: Business Science Reference / Criminal Science & Corrections / Government and Law / Security & Forensics

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Abstract

Chapter 3 accomplishes a critical exercise for this book and the field of transfer to criminal court (CC). That exercise entails specifying what transfer is and what it is not, as well as how it works and how it doesn't work. Although this should be a relative no-brainer, this task has been complicated by misleading statutory wording, and by misrepresentations of the phenomenon in the literature. Before attacking or defending transfer to CC, it is essential that everyone be on the same page. It is (or should be) impossible to research and analyze transfer when there is serious variation in how it is defined. This chapter carefully details the two (and not three or more) types of transfer that exist, and the difference between transfer (or discretionary exclusion) from mandatory exclusion. The latter is often misunderstood and falsely portrayed as an example of transfer. It isn't, as this chapter explains.

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Current Dimensions of the Criminal Prosecution of Juvenile Offenders

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