Stop Presumptive Transfers: How Forcing Juveniles to Prove They Should Remain in the Juvenile Justice System is Inconsistent with Roper v. Simmons & Graham v. Florida, 48 J. Marshall L. Rev. 365 (2014)

Authors

Rachel Fugett

Abstract

Overly expansive juvenile transfer laws are inconsistent with the Court’s reasoning because their primary objective is to transfer juveniles into the adult criminal justice system solely for the purpose of punishing and sentencing them like adults. In so doing, expansive juvenile transfer laws, more often than not, largely ignore a juvenile’s diminished culpability and greater capacity for change.

Recommended Citation

Rachel Fugett, Stop Presumptive Transfers: How Forcing Juveniles to Prove They Should Remain in the Juvenile Justice System is Inconsistent with Roper v. Simmons & Graham v. Florida, 48 J. Marshall L. Rev. 365 (2014)