Degree Name
Master of Arts
Graduate Program
Criminology and Criminal Justice
Advisor
Giblin, Matthew
Abstract
The purpose of this paper is to examine and identify the core issues of juvenile transfer laws, arguing for abolishment. This paper utilizes a comprehensive overview of the literature on juvenile transfer laws to explain the history of the juvenile justice system and provide an overview of juvenile transfer laws and their core issues. The justification for the use of juvenile transfer is based on the idea that they will deter individual juvenile offenders along with those that may become juvenile offenders in the future, and because of that deterrence, juvenile transfer laws are said to reduce recidivism rates. In addition, literature on adolescence development is examined to argue that juvenile offenders are not developed enough to be held fully responsible for their actions, and thus, should not be transferred to adult criminal courts. Instead, they should remain in the juvenile justice system and be given a rehabilitative alternative. The overall findings in this paper will show that juvenile transfer laws do not deter juveniles and in turn, do not reduce recidivism rates. Additionally, literature documents a maturation gap experienced within the brain during the period of adolescence, providing strong support for rehabilitative alternatives such as Multisystemic and Functional Family therapy. The underdevelopment of juveniles allows for a rehabilitative alternative to be utilized, focusing on the causes of juvenile offending, and allowing juvenile offenders to receive a second chance. Overall, there is strong support for the abolishment of juvenile transfer laws.