transfer statute

transfer statute. A provision that allows or mandates the trial of a juvenile as an adult in a criminal court for a criminal act. • Every state has some form of transfer statute. The Supreme Court has held that a juvenile cannot be transferred to criminal court under a discretionary statute “without ceremony — without hearing, without effective assistance of counsel, without a statement of reasons.” Kent v. United States, 383 U.S. 541, 554, 86 S.Ct. 1045, 1053–54 (1966).

automatic-transfer statute. A law requiring the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met.

discretionary-transfer statute. A law that allows, but does not mandate, the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met. • The prosecutor has discretion to request the transfer, and the judge has discretion to order the transfer.

reverse transfer statute. A provision that allows a criminal court to return certain cases to juvenile court.

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词条贡献者

双语律师Akira，国际知名法学院法律专业，擅长翻译各类与地产开发相关的法律文件。