Discuss the current state of laws related to transferring youthful offenders to the adult criminal justice system. Who bears the weight of responsibility for transferring youths to adult court? Be sure to discuss any changes in state laws related to transfers. What is the effect of transfer on recidivism?

Question

What will be an ideal response?

Answer 1

Answers should address that even though all 50 states currently allow for the transfer of youths to
adult courts for prosecution, transfers are controversial. Most states place the burden of responsibility on
the prosecution to show that the youthful offender should be transferred and tried in adult court. Many
states take into consideration the mitigating factors, such as the offender’s history, age, maturity and
other rehabilitative concerns. In 29 states, transfer is automatic if the youth commits a certain type of
offenses, provided he/she is of a minimum age. Between 2011 and 2015, 14 states limited transfer
criteria and focused more on offender risk potential; 30 states now prohibit transfer of first-time
misdemeanor offenders; and, 12 states have expanded the use of reverse transfer, allowing a youth to be
transferred back to juvenile court. There is little evidence to suggest that state transfer laws have any
effect on arrest rates, crime rates, or recidivism.