The Limitation Argument, Part 1: Minimizing the Transfer Target

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Copyright: 2023
Pages: 20
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.ch010

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

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Abstract

Chapter 10 deals with the anti-transfer crowd (ATC) tactic of limiting the reach of transfer to criminal court (CC), assuming its elimination proves unattainable. The ATC mission, here, is to limit the target of transfer, especially in terms of age, offense, and disposition. A common claim is that only older (typically 16 and 17) delinquents should be transfer eligible. Inasmuch as the vast majority of transfers involves youths of this age the claim is mostly moot. Another argument is that only violent and person-related crimes should be transferred. This Chapter emphasizes that the chronic offender, the most prevalent subject of transfer, would very likely be beyond transfer's reach under this formula, which was probably the ATC's goal. Finally, the ATC demands that transfer be limited to youths who “require” a sentence longer than that available to JC. Although this is a critical reason for transfer, it is far from the only/primary reason to transfer.

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