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Legal Context of Transfer, Reverse Transfer, and Disposition
Book chapter

Legal Context of Transfer, Reverse Transfer, and Disposition

Kirk Heilbrun, David DeMatteo, Christopher King and Sarah Filone
Evaluating Juvenile Transfer and Disposition
2017
DOI: https://doi.org/10.4324/9781315661445-2

Abstract

Juvenile Offenders Disposition Phase Juvenile Justice System Supreme Court’s Recognition Alleged Offense 8th Amendment Juvenile Justice Criminal Court Juvenile Court Forensic Mental Health Professionals Disposition Hearing Due Process Protections 8th Amendment’s Prohibition Non-homicide Offense Reverse Transfer Transfer Decision Supreme Court Juvenile Court Jurisdiction Disposition Decision Status Offense Cases Juvenile Court Judge Due Process Rights Parole Sentences Juvenile Disposition Juvenile Court System
This chapter describes the laws—legal cases, statutes, and constitutional provisions—that are relevant to juvenile transfer, reverse transfer, and disposition decisions. It focuses on both procedural due process, which involves the mechanical aspects of the law and the manner in which cases proceed through the juvenile justice system, and substantive due process. The chapter explores several influential cases from the Supreme Court of the United States that have shaped the substantive and procedural aspects of transfer and disposition decisions, including several cases that recognized the distinctiveness of adolescents in certain legal contexts. It also discusses several specific aspects of the juvenile justice system, including juvenile court jurisdiction and the procedural and substantive aspects of transfer, reverse transfer, adjudication, and disposition. Juvenile courts have original jurisdiction over most unlawful acts committed by minors, including both acts of delinquency and status offenses. The chapter concludes with the role of forensic mental health professionals in the processing of juvenile offenders.

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