Legal Definitions - discretionary-transfer statute

A discretionary-transfer statute is a law that allows a juvenile to be tried as an adult in a criminal court for a criminal act. This type of law gives the prosecutor the discretion to request the transfer, and the judge the discretion to order the transfer.

For example, if a 16-year-old commits a serious crime, such as murder or rape, the prosecutor may request that the case be transferred to criminal court. The judge will then decide whether or not to grant the request and transfer the case to criminal court.

It is important to note that the Supreme Court has ruled that a juvenile cannot be transferred to criminal court under a discretionary statute without a hearing, effective assistance of counsel, and a statement of reasons. This means that the juvenile has the right to a fair trial and cannot be transferred without proper legal procedures.

Every state has some form of transfer statute, which can be either discretionary or automatic. An automatic-transfer statute is a law that requires the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met. On the other hand, a discretionary-transfer statute allows but does not mandate the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met.

Another type of transfer statute is a reverse transfer statute, which allows a criminal court to return certain cases to juvenile court.