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Misidentifying Transfer: The Terms and Concepts Battle
Abstract
Chapter 6 begins to undo the damage done by the numerous ways in which transfer has been misidentified and mishandled; offense exclusion (OE) is the type of transfer that is most often and extensively mischaracterized. The literature guilty of spreading this disinformation is massive, which the Tables included in this Chapter reveal. The most prevalent misidentification is probably the most understandable, namely, that transfer means juveniles are being tried as adults. The first mission of the Chapter is to lay this notion to rest. Juveniles are not chronically transformed due to being transferred to criminal court (CC). There are actual transformations that do occur, and they are explained fully. The second and more sustained objective is to remedy the many misidentifications of OE; there are at least nine of these. This Chapter also details the two types of mandatory exclusion (ME) and distinguishes them from transfer, which often doesn't happen in both research and literature.
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