When can a juvenile be tried as an adult?

When Can a Juvenile Be Tried as an Adult?

Most states have laws allowing juveniles to be charged and tried in adult criminal court under certain circumstances. This article covers how juvenile transfer laws work and factors considered when deciding whether to try a minor as an adult.

Juvenile vs Adult Court Systems

The juvenile justice system was created to handle youth offenders through rehabilitation rather than punishment. Juvenile courts have jurisdiction over:

• Delinquency cases (criminal acts by juveniles)
• Status offenses (truancy, running away, etc.)
• Abuse and neglect cases

Proceedings are more informal and focused on the minor’s needs. But juvenile courts can still impose consequences like probation, treatment programs, community service, fines, and detention in juvenile facilities.

Adult criminal courts handle cases against defendants age 18+. Proceedings are formal, public trials focused on prosecution rather than rehabilitation. Adult courts impose harsher penalties like long prison sentences and fines.

When Juveniles Can Be Tried as Adults

All states have provisions for trying certain juveniles in adult court, including:

• Statutory exclusion – Sets an age threshold for adult court, often age 16+ for felonies.
• Prosecutorial discretion – Prosecutor can file charges directly in adult court.
• Judicial waiver – Judge weighs factors and decides to transfer case from juvenile to adult court.

Factors considered for adult prosecution include:

• Age of juvenile
• Offense severity
• Criminal history
• Gang involvement
• Weapon possession

Consequences of Adult Prosecution

Trying juveniles as adults has serious consequences, including:

• Public criminal trial
• Harsher adult sentencing guidelines
• Adult prison incarceration
• Permanent criminal record

Adult sentences often don’t account for a juvenile’s immaturity and capacity for rehabilitation. Housing youth in adult prisons also increases risks of sexual abuse and suicide.

Arguments For Adult Prosecution

Proponents argue trying juveniles as adults:

• Holds them accountable
• Better protects public safety
• Reflects severity of crimes
• Provides deterrence

Supporters point to violent crimes like murder and say youth who commit such acts should face adult consequences. Some victims’ families also want to see the toughest penalties possible.

Arguments Against Adult Prosecution

Opponents argue that trying juveniles as adults:

• Undermines purpose of juvenile courts
• Impedes adolescent brain development
• Lowers likelihood of rehabilitation
• Increases recidivism rates

Critics say adult prosecution contradicts research showing adolescents are less culpable and more capable of change. They advocate maintaining juvenile jurisdiction except in extreme cases.

Racial Disparities in Juvenile Justice

Studies reveal racial biases in trying juveniles as adults, including:

• Black youth disproportionately transferred to adult court
• Minority youth more likely to receive adult sentences
• Harsher sentencing of youth of color for similar crimes

These disparities contribute to higher incarceration rates among minorities. Experts argue biases must be addressed in the juvenile justice system.

Recent Reforms to Juvenile Laws

Some states have enacted reforms such as:

• Raising minimum age for adult court to 17 or 18
• Narrowing offenses eligible for transfer
• Requiring judge approval for adult prosecution
• Expanding juvenile court jurisdiction

But other states are moving to prosecute more youth as adults. Advocates say additional reforms are needed to limit adult prosecution except for the most severe crimes.

The Future of Juvenile Justice

Debates continue over trying juveniles as adults. Additional research and policy changes could help ensure:

• Fair, unbiased treatment of youth
• Focus on rehabilitation not just punishment
• Limits on adult prosecution of minors
• Developmentally appropriate sentencing

With a balanced approach, the juvenile justice system can serve its purpose of rehabilitating adolescent offenders while protecting public safety.

References

[1] https://www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-juveniles-be-charged-as-adults/

[2] https://ivypanda.com/essays/trying-juveniles-as-adults-outline/

[3] https://humanimpact.org/hipprojects/juvenile-injustice-charging-youth-as-adults-is-ineffective-biased-and-harmful/

[4] https://www.nap.edu/read/9747/chapter/7

[5] https://copyblogger.com/grammar-writing-mistakes/

[6] https://www.mitty.com/assets/files/academics/10-Master-Key.pdf