Time Out for Transfer: Youth Transfer as Punishment

This law review article written by Professor Kristina Kersey explores transfer as a form of punishment and calls for jurisdictions to enact a moratorium on transfer, drawing lessons from the movement to end the death penalty. Noting similarities between transfer and the death penalty, this article analogizes the two and argues that transfer mechanisms operate to punish youth before a finding of guilt—achieving neither retributive justice nor deterrence, while failing to decrease recidivism or improve public safety. This article also highlights the staggering racial disparities that taint transfer practices across the country and connects its prevalence to the racialized history of the juvenile court system. Given these factors, the article calls for a moratorium to immediately halt the practice of transferring youth to adult court to study and evaluate its necessity. This article offers key policy considerations and comparative analyses for defenders and advocates to challenge the prevalence of transferring youth to adult court in their local jurisdictions.