Mischaracterizing the Nature and Effect of Transfer

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Copyright: 2023
Pages: 56
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.ch007

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

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Abstract

Chapter 7 continues unraveling the confusion in the transfer literature. This anti-transfer crowd (ATC) misinformation deals with misrepresenting the effect of transfer, exaggerating its reach, and distorting its operation. Chapter 7 shows prosecutors' transfer powers are never unreviewable beyond the charging itself; excessiveness on the prosecutor's part is subject to nullification by a judge and/or jury at trial. The Chapter explains how, contrary to ATC assertions, transfer is not sentencing; it is charging. Similarly, granting prosecutors transfer authority is not a violation of the separation of powers; actually, granting judges this authority arguably is. Although prosecutorial transfer (PT) certainly means the offenders' best interests are not paramount, that does not mean they are irrelevant. Even still, PT is not a rejection of JC, nor does it contribute to the criminalization of JC. Finally, Chapter 7 explains why transfer is neither inextricably tied to a crime rate nor acts primarily like a safety valve.

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Mischaracterizing the Nature and Effect of Transfer

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