NCJ Number
150332
Date Published
1992
Length
142 pages
Annotation
In 1991, the Massachusetts State Legislature significantly amended the process by which juvenile offenders are bound over for trial to adult court; the most important change to the juvenile transfer law affects homicide cases.
Abstract
Massachusetts case law supports the noncriminal treatment of juveniles, but provisions exist for transferring selected juveniles to adult court. In order to be transferred, a juvenile must be 14 years of age or older and charged with a prison felony. At the transfer hearing, the judge must consider certain statutory factors, such as the nature and seriousness of the alleged offense, the juvenile's court and delinquency record, the juvenile's age and maturity, the success of past treatment efforts, the nature of available juvenile justice system services, public protection, and the likelihood of rehabilitation. Prosecutorial pitfalls associated with transfer hearings are discussed that concern the indictment, multiple charges, factual considerations, constitutional challenges, evidentiary issues, and sentencing. A section-by-section analysis is presented of Massachusetts transfer law affecting the criminal sentencing of juveniles charged with murder, and transfer hearing forms are included. 3 figures and 1 table