What is a juvenile court transfer hearing?

A juvenile court transfer hearing is a hearing used by courts in South Carolina to determine whether a juvenile offender should stay in juvenile court or have their case transferred to adult court. During the hearing, both the prosecution and defense attorneys will present evidence to the judge. The judge will then decide if the juvenile should stay in juvenile court, which is less punitive and has the goal of rehabilitating the offender, or have their case transferred to adult court, which is more punitive. In South Carolina, the court must consider a variety of factors when deciding whether or not to transfer the case to adult court. These factors include the severity of the crime, prior criminal history, age of the offender, and the potential benefit of rehabilitative services available in juvenile court. Additionally, if the juvenile is charged with a violent crime, a death penalty offense, has previously been transferred to adult court, is 14 years or older at the time of the offense, or is at least 16 at the time of the offense and has been found to have committed a serious offense, then the case must be transferred to adult court. Once the judge makes their decision, the juvenile offender will either remain in juvenile court or be transferred to adult court. If the juvenile is transferred to adult court, they will face more serious punishments than they would have in juvenile court. It is important to note that juvenile court transfer hearings can be appealed, so if the offender or their legal representative is not satisfied with the outcome of the hearing, they may be able to appeal it to a higher court.

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What is a juvenile court transfer hearing?

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