Special Transfer Treatment Based on Prior Record

Transfer statutes in 25 States single out juveniles with specified prior offense histories for adverse treatment. Of course, a sufficiently serious record of past involvement with the law would often be relevant to a waiver determination, and in fact this is one factor for consideration suggested in the U.S. Supreme Courtís Kent decision (see Transfer Criteria). However, 25 States go further than this, either by defining a direct file or statutory exclusion category to include juveniles with previous delinquency adjudications or by requiring less of a showing for the waiver of juveniles with specified delinquency histories.

Table: Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in Every State, 1997

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Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions December 1998