Treating Juveniles Like Juveniles: Getting Rid Transfer and Expanded Adult Court Jurisdiction
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To the point of this Article, a prevention-oriented approach provides a strong basis for abolishing transfer and transfer-like policies. While desert-based punishment-even discounted punishment-requires adult-style sentences for the more serious crimes, prevention can be accomplished within the juvenile system, even for the most dangerous juvenile offenders. Part I of this Article summarizes why, compared to the diminished culpability notion, a prevention-oriented system of juvenile justice is a much better fit with what we know about the causes of juvenile crime and how to reduce it. Part III then explains why, if prevention is the goal of juvenile justice, transfer makes little sense. Finally, Part IV of this Article explains how a preventive juvenile justice system that eschews transfer would work. Part IV of the Article also proffers one possible exception to this latter limitation-young offenders who are "dangerous beyond their control."