Developing Transfer Policy and Integrating JCs and CCs

Abstract

Chapter 16 begins by very briefly revisiting the misinformation that dominates the transfer literature (see Chapters 6-11), and by briefly reaffirming the dimensions of transfer identified in Chapter 3. The Chapter then explains the three tasks associated with developing transfer policy: 1) choosing an option, such as no transfer, no transfer, but serious modifications to JC, selective transfer, or total transfer (abolition of JC); 2) selecting a transfer method, such prosecutorial transfer (PT) and/or judicial transfer (JT) (assuming transfer is the option chosen); and, 3) discussing implications associated with the available policies. The Chapter concludes by attempting to accomplish reconciliations in three contexts: whether there is a lack of fit between transfer and CC/CJ System outcomes; whether transfer should be backwards-looking (based on current offense and/or delinquent/treatment record) or forward-looking (based on future behavior forecasts, such as future dangerousness or desistance from crime); and, whether reverse transfer from CC should be available.