Benefits to Defendants

Abstract

Chapter 14 demonstrates the myriad ways in which transfer benefits juvenile offenders, especially, but not only, those retained in juvenile court (JC). The anti-transfer crowd (ATC) completely ignores the fate of these juveniles; the ATC's focus, instead, is towards transfers exclusively. The JJ system remains more able to be committed to offering rehabilitative services because the worst of the worst, in terms of violent and chronic offending, are denied those services. Retained youths benefit from this. Jurisdictions' practicing OE offer retained offenders the potential benefit of facing a reduced charge that was arranged to keep the case in JC. Contrary to ATC assertions, some offenders will benefit from transfer, especially because of the increase in due process protections they should experience in CC; some youths might transfer themselves. Some adult defendants can also benefit by not looking as chronic and/or violent in their offending, and could experience greater opportunities for leniency as a result.