The Elimination Argument, Part 1: Juvenile Offenders Should Not Go to CC

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Copyright: 2023
Pages: 29
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.ch008

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

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Abstract

Chapter 8 addresses a popular anti-transfer crowd (ATC) tactic in arguing for the elimination of transfer. The ATC has employed a couple of maneuvers, here. The first move is contending that a singular case that suggests or shows the possible inappropriateness of transfer is sufficient to claim that all transfers are wrong. Specifically, the ATC says that since juveniles are generally (more) amenable to treatment, and are less mature (i.e., culpable) and less deterrable than adults, they should not see CC. This Chapter exposes the corrupt use of converting the singular and relative cases to establish a false categorical. The ATC also moves in the opposite direction in claiming that a categorical (e.g., OE) establishes the wrongfulness of transfer applied to a particular juvenile. Since violent behavior is supposedly normal juvenile behavior, this normal juvenile behavior should not qualify for transfer. This Chapter debunks both false conversions.

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