Transfer or Bindover or Certification
The Supreme Court of Massachusetts held that a transfer hearing is a “critical stage of the criminal process” that requires effective assistance of counsel under the 6th Amendment of the U.S. Constitution. The Court held that defense counsel’s failure to present evidence on youthfulness, developmental maturity, and rehabilitation prevented the judge from considering factors critical…
The Kansas Court of Appeals held that a youth may not be prosecuted as an adult if they were under the age of 13 at the time of the offense based on the court’s statutory interpretation of K.S.A. 38-2347. The court stated in relevant part: “From this review, we do not find that the Legislature…
This one-pager from the Juvenile Law Center can be used as an educational tool for judges, policy makers, community members and other decision makers when talking about transfer to adult court. From the one-pager: “Policies that try children in the adult court system fail to consider the harms of youth transfer, the unique developmental characteristics…
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…
The Court of Appeals of Wisconsin held that the state’s reverse waiver statute was unconstitutional “to the extent it does not require circuit courts to consider the unique attributes of youth identified by the United States Supreme Court.” In Wisconsin, a youth’s case that is directly filed in adult criminal court may be sent to…
This letter written and submitted to the Maryland Senate Judicial Proceedings Committee on behalf of the Gault Center, outlines its reasons for supporting Maryland Bill No. 323 (named the Youth Charging Reform Act), which would limit the types of cases eligible for automatic transfer to adult court. From the letter: “The Gault Center: Defenders of…
This proposed legislation from California amends the transfer law (CA WIC § 707(a)) to require a judicial finding of proof beyond a reasonable doubt, instead of the lesser standard of clear and convincing evidence, that a minor is not amendable to rehabilitation while in juvenile court.
The Illinois 5th District Court of Appeals found that the juvenile court lacked statutory authority to proceed on a transfer determination once a young person turned 22 years old. This case involved an initial transfer determination followed by a reconsideration request by the defense based on lack of probable cause to justify the initial transfer…
This report, written by the Sentencing Project, highlights the harmful practice of direct file, or “auto-charging” youth in adult court. This national analysis looks at the practice of direct file and the pervasive harms that it has on the wellbeing and future thriving of young people and makes recommendations for states to limit pathways for…
The Court of Appeals of Ohio, Eighth District, found that the trial court erred in failing to stay E.B.’s sentencing and failed to order the case be returned to juvenile court, where E.B. was transferred to adult court but ultimately pled guilty to offenses that would not have required mandatory transfer. Additionally, the Court of…
This memo from Fenton Communications Agency provides youth advocates with messaging strategies to respond to the D.C. Crimes Act and the Juvenile Sentencing Reform Act pending in Congress. The memo includes succinct responses to questions posed about public safety, youth crime, and transfer laws. The memo also provides suggested talking points on tone and relevant…
This report highlights D.C. transfer laws and discusses the current U.S. Attorney’s argument that the District of Columbia should amend its law to transfer more young people to to adult court. The report compares D.C.’s transfer law to transfer laws across the country and highlights decades of research that has concluded transfer laws do not…
Former Secretary of the Maryland Department of Juvenile Services, Vinny Schiraldi, wrote this op-ed, discussing President Trump’s deployment of National Guard troops in Washington D.C. and the District’s intentions to repeal lower the age for trying children as adults to 12 in the Youth Rehabilitation Act. The op-ed details Vinny’s reflections and observations during his…
This resource offers a brief overview of how children are transferred or bound over to adult court in Ohio and discusses what is at stake in the case of State v. D.T., 2024-Ohio-4482 (Ohio Ct. App. 2024) pending before the Ohio Supreme Court. The Gault Center filed an amicus in this case here. Oral arguments were…
This issue brief by the Juvenile Justice Initiative provides an overview of transfer laws in Illinois. Additionally, the brief reviews demographic data on young people who are being tried as adults and identifies the ways that transfer fails children and public safety in the state of Illinois. The brief ends by calling for a return…
This article featured on the Frameworks Institute website offers research-based communication strategies for combating the manufactured controversy of a “crime emergency” caused by adolescents in Washington D.C. The article provides a topline nonpartisan message for responding to the relentless, toxic messaging around adolescent crime and outlines five framing recommendations for discussing the harmful policies being…
This report from the National Center for Youth Law examines the emerging policies across the United States that are likely to reverse the downward trend of youth incarceration rates.
The Sentencing Project released a report on adolescent gun possession cases, highlighting the harms of punishment and calling for comprehensive community-based initiatives to reduce gun violence. This report offers research on the reasons why youth carry guns, ranging from peer influence to past experiences of trauma and walks through how juvenile court systems typically respond…
The Gault Center submitted an amicus brief in the Supreme Court of Ohio on a case involving a young person’s right to appeal a competence and transfer determination in juvenile court after entering a guilty plea in adult court. Outlining procedural justice arguments and the constitutional right to a competency and transfer hearing, the brief…
This resource is part of the Youth Defender Advocacy Program (YDAP) curriculum, a specialized trial advocacy training program for youth defenders.
