What is the difference between a transfer hearing and an adjudicatory hearing?

A transfer hearing and an adjudicatory hearing are two different actions that can take place when a juvenile is accused of a crime. In New York, a transfer hearing is a court hearing that would determine whether a juvenile accused of a crime should be tried as an adult. The main factor that will be considered at a transfer hearing is the seriousness of the crime and the character of the juvenile. A judge will also consider the juvenile’s age, past criminal history, and the potential outcome if an adult sentence was given. An adjudicatory hearing is a court hearing that will determine whether a juvenile is guilty or not guilty of the crime they are accused of. During this hearing, the evidence against the juvenile will be presented and witnesses may be called to testify. After hearing all the evidence, the judge can find the juvenile “responsible” or “not responsible” of the offense. The judge will then hand down a sentence or decide to refer the case for another hearing. Overall, a transfer hearing is used to determine whether a juvenile should be tried as an adult, whereas an adjudicatory hearing is used to determine whether a juvenile is guilty of the offense. Both hearings are important in the juvenile justice system and are necessary for a fair result.

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