Automatic Transfer Provisions and Juvenile offenses

Robert Smith

Juvenile Justice

First Research Paper

The automatic transfer provisions were originally started as a way to become more firm with juveniles to stop in order to lower crimes and hopefully keep them from becoming criminals in the future. It has been very effective in putting juveniles in jail, but many argues that it is not doing what the makers of automatic transfer intended it to do. Although automatic transfer is back by many politicians, many of the people who oppose it are concerned parents and community leaders. Automatic transfer has been in use in this country since the fourties, but the opposition to is growing.

There are several offenses that would require a child be transferred from juvenile court to becoming charged as an adult. The first offense is first degree murder. First degree murder is when a person of a certain social class like a police officer is killed. One can also be charged with first degree murder when he has murdered more than one person at a given time or used poison. First degree murder is a capitol offense. Also felony murder and second degree murder are included. Felony murder is murder that occurred during a forcible felony. An example would be robbing someone at gunpoint and killing them. The second offense is aggravated criminal sexual assault. Aggravated criminal sexual assault does not include just rape. Violent rapes, statutory rapes, ,improper touch and torture are examples of aggravated criminal sexual assault. The third offense is aggravated battery with a firearm. Battery is when one person injures or makes contact with someone is a way that it could cause injury. Take the example of the robbery mentioned before. If the person had just hit the person with the gun or shot them in the leg, then instead of murder the charge would have been aggravated battery with a firearm. The next offense is armed robbery committed with a firearm. Now if the offender who had been robbing people with his gun just taken their money and left without injuring anyone or killing anyone, then he would just have been charges with armed robbery with a firearm. Armed robbery is still a very serious offense and still a felony, but not as serious as aggravated battery with a firearm or murder. Aggravated vehicular hijacking committed with a firearm is also a transferable offense. This offense is simply taking someone’s vehicle by force while they occupy it. If a juvenile violated the Unlawful use a of a Weapon statutes he is automatically transferred to adult court. In addition, if the offense is committee in school or on school property, that is also grounds for transfer. All of these charges apply to fifteen and sixteen year olds only.

The transfer conditions for thirteen thru sixteen year olds are slightly different. A juvenile within these age parameters can only be transferred for a handful of offenses. The first being first degree murder committed during the course of an aggravated criminal sexual assault. The most common example of this would be a rape and murder. The second is first degree murder committed during the course of a criminal sexual assault. This is almost the same as the pre-mentioned charge but people who committed the crime were usually provoked or in the heat of passion or anger. The third charge is first degree murder committed during the course of an aggravated kidnapping. All of these charges fall under the felony murder category and are considered extremely heinous. A thirteen thru sixteen year old can also be transferred is he escapes bail or commits a violation of bail bond when he or she is already charged with a transferable offense. One can also be transferred is he has already been convicted of a transferable offense. This does not happen very often because most juveniles