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NCJ Number: 171496 Find in a Library
Title: Listen to the Children: The Decision to Transfer Juveniles to Adult Court
Journal: Harvard Civil Rights-Civil Liberties Law Review  Volume:30  Issue:2  Dated:(Summer 1995)  Pages:507-542
Author(s): C R Guttman
Date Published: 1995
Page Count: 36
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This Note examines the legal and policy implications of juvenile transfer laws.
Abstract: The Note documents the evolution of the juvenile justice system and its unique rehabilitative mandate, including the attacks aimed at the system since its inception. It explores the central component of the juvenile justice system, which is the focus on the individual juvenile, describes children in the system and briefly examines their routes to criminality and violence. In this context, the article claims that the juvenile justice system can treat delinquent juveniles and prevent crime only if it explores who the children are and understands their path to delinquency. The Note also presents and analyzes the three basic transfer models -- prosecutorial discretion, statutory exclusion, and judicial waiver -- and critiques prosecutorial discretion and statutory exclusion for inappropriately transferring juveniles. Finally, the Note argues that judicial waiver, properly applied, is the only sound juvenile transfer policy; it focuses on the individual juvenile and emphasizes rehabilitation. Notes
Main Term(s): Juveniles
Index Term(s): Courts; Judicial discretion; Juvenile court procedures; Juvenile court waiver; Juvenile crime control; Juvenile delinquency prevention; Juvenile justice policies; Juvenile justice reform; Juvenile rehabilitation
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