NJ Juvenile Charged with Arson

NJ Juvenile Charged with Arson – Implications and Defense Strategies

A juvenile in New Jersey was recently charged with arson, which has sparked discussion about how these cases are handled in the juvenile justice system. Arson is considered a very serious crime, but when the perpetrator is a minor there are important differences in how the case proceeds compared to an adult defendant. In this article, we’ll break down the implications of being charged as a juvenile, potential defense strategies, and the pros and cons of trying juveniles as adults in arson cases.

The Juvenile Justice System in New Jersey

New Jersey has a separate juvenile justice system that handles cases involving minors under the age of 18 who are charged with crimes. The goals of the juvenile system are rehabilitation and treatment, rather than pure punishment like the adult criminal system. Juveniles have their cases heard in the Family Part of the Chancery Division of the Superior Court of NJ instead of criminal court.

There are some key differences in how juvenile cases are handled:

• Detention – Juveniles are held in youth detention centers instead of jails. They are separated by age and gender.
• Charges – Juveniles are not actually convicted of crimes. Instead they are found “delinquent” and the offenses are called “acts of delinquency”.
• Sentencing – Juveniles are given dispositions rather than sentences. These can include probation, counseling, community service, restitution and detention in secure juvenile facilities.
• Records – Juvenile records are sealed and remain confidential. They are not made public like adult criminal records.
• Transfer – Serious offenses like arson may qualify the juvenile to be tried as an adult. This depends on the circumstances of the case.

The juvenile justice system aims to give minors a second chance to rehabilitate, while still holding them accountable. But for more serious crimes like arson, there is still the possibility of adult prosecution.

Arson Charges in New Jersey

Arson is considered a very serious crime in NJ. Under NJ criminal statute 2C:17-1, a person can be charged with arson if they purposefully start a fire or cause an explosion on someone else’s property. There are several degrees of arson charges:

• 2nd Degree Arson – Causing over $5000 in damage. Punishable by 5-10 years in prison.
• 3rd Degree Arson – Damage between $500 – $5000. Punishable by 3-5 years in prison.
• 4th Degree Arson – Damage less than $500. Punishable by up to 18 months in prison.

If anyone is injured or killed as a result of the arson, the charges are enhanced to 1st degree arson which can carry a 10-20 year prison sentence.

For a juvenile, these long prison sentences are unlikely. But they could still face detention in a youth facility until age 21 and then probation after release. Their records may also not be fully sealed if tried as an adult.

Defense Strategies for Juveniles

Some potential defense strategies that may apply in a NJ juvenile arson case:

Lack of intent – In order to be found delinquent of arson, the prosecution has to prove the juvenile intentionally and purposefully set the fire. Their lawyer may argue they did not act with intent or purpose, but were just reckless.

Peer pressure – Minors are especially susceptible to peer pressure from older teens or others. Their lawyer could make the case they got caught up in the moment and would not have acted alone.

Mistake of fact – The juvenile may have incorrectly believed they had permission to set the fire or were authorized in some way. This negates intent.

Diminished capacity – The defense could argue the juvenile has cognitive disabilities, mental illness or was under the influence of drugs/alcohol which impaired their judgment.

Falsely accused – Sometimes juveniles are wrongly accused and the lawyer may argue they have an alibi or the evidence is insufficient.

Necessity – Setting the fire was necessary to prevent some greater harm from occurring.

Leveraging the juvenile status itself and arguing for treatment instead of punishment may also be an effective strategy.

Trying Juveniles as Adults for Arson

In some circumstances, prosecutors can file a motion to transfer serious juvenile cases like arson to adult criminal court. This usually happens when the crime was very violent, premeditated, involved injuries, or the minor has a lengthy history of offenses.

To transfer the case, the judge considers factors like:

• Age and maturity of the juvenile
• Criminal history and past treatments/interventions
• Nature and seriousness of the offense
• Detriment to the public welfare from waiving jurisdiction

Pros of trying a juvenile as an adult for arson:

• They face longer sentences which keeps the public safe
• May act as greater deterrent against future crime
• Consequences are aligned with severity of crime

Cons:

• Minors have less legal rights and experience with the justice system
• Adult system focuses on punishment not rehabilitation
• Higher likelihood of re-offending after release
• Life-long criminal record makes reintegration hard

Judges have discretion, so a juvenile arson case does not automatically go to adult court. But it is a possibility the defense needs to prepare for.

Conclusion

A juvenile arson charge is very serious, but the juvenile justice system aims to rehabilitate minors while holding them accountable. With an experienced criminal defense lawyer, a juvenile can argue they did not act with intent, were unduly influenced, or have diminished capacity due to immaturity and other factors. Trying juveniles as adults has some public safety benefits but also many drawbacks that should be considered carefully. In the end, the judge will weigh many factors when deciding what is in the best interest of the child and overall justice.