Generally, a juvenile court judge decides which minors will be tried as adults. Those children under the age of 18 can be transferred into the adult courts and criminal justice system through a judicial waiver. Many times state attorneys ask the juvenile court to hold hearings to decide whether to waive the court's jurisdiction. That allows kids to be sent to an adult court. Procedures vary state to state. Some states let judges decide. Other states allow the justice system to favor allowing the waiver. Still others insist on a waiver in the case of serious infractions.
While decisions to try minors as adults vary by state, the US Supreme Court in Kent v. United States set guidelines for granting judicial waivers. First consideration goes to the circumstance and type of crime. Second is whether the crime was violent, premeditated and aggressive. Other factors include the quality of the charges, the maturity and previous history of the minor, and whether the minor could be rehabilitated. As with all judicial decisions, any judicial waver can be overturned on appeal.
Some states allow prosecutors wide discretion in determining whether children can be tried as adults. Other states give juvenile and adult courts equal authority to try children as minors and adults in certain cases. These states allow prosecutors to decide which court to take the case to with no oversight. Most states set age limits for waivers at 16 years old. Some states allow minors as young as 13 years be tried as adults. The current scenario has been for states to lower minimum waiver ages allowing more prosecutions of minors as adults. A trend has emerged that reveals children are committing crimes at younger ages than ever before and the crimes have become more serious.
States have granted criminal courts great leeway in deciding which juvenile cases they hear. The instance of deciding which court is assigned a juvenile case is called a statutory exclusion. Those cases usually are seriously violent or committed by a minor with a previous criminal record. When cases are assigned by state legislation to juvenile courts prosecutors have no alternative to try them elsewhere.
Being tried as an adult may carry numerous constitutional protections above and beyond juvenile court, but the process also has a lot of drawbacks. Minors can request a jury trial during which juries may be more sympathetic to their case. Adult court judges may be predisposed to move the case to a speedier trial date, or impose a more favorable sentence. However, drawbacks include more serious punishment, more jail time, and more difficulty in expunging records.
Attorneys for minors fight hard to keep cases in juvenile court. Rape, murder, and serious charges against teenagers ages 16 to 18 routinely are taken to adult courts under automatic transfer protocols. However, juveniles affected by this can still ask for a reversal of the decision. Courts are obliged to hold a reverse transfer hearing at which the minor, through an attorney, can ask the judge to reverse the transfer ruling.
Each state is different when it comes to laws pertaining to trying minors in juvenile or adult courts. Juvenile courts have entirely different procedures than adult courts. You have to do the research on a case by case and state by state basis to know which court will have jurisdiction of those younger than 18 years.
While decisions to try minors as adults vary by state, the US Supreme Court in Kent v. United States set guidelines for granting judicial waivers. First consideration goes to the circumstance and type of crime. Second is whether the crime was violent, premeditated and aggressive. Other factors include the quality of the charges, the maturity and previous history of the minor, and whether the minor could be rehabilitated. As with all judicial decisions, any judicial waver can be overturned on appeal.
Some states allow prosecutors wide discretion in determining whether children can be tried as adults. Other states give juvenile and adult courts equal authority to try children as minors and adults in certain cases. These states allow prosecutors to decide which court to take the case to with no oversight. Most states set age limits for waivers at 16 years old. Some states allow minors as young as 13 years be tried as adults. The current scenario has been for states to lower minimum waiver ages allowing more prosecutions of minors as adults. A trend has emerged that reveals children are committing crimes at younger ages than ever before and the crimes have become more serious.
States have granted criminal courts great leeway in deciding which juvenile cases they hear. The instance of deciding which court is assigned a juvenile case is called a statutory exclusion. Those cases usually are seriously violent or committed by a minor with a previous criminal record. When cases are assigned by state legislation to juvenile courts prosecutors have no alternative to try them elsewhere.
Being tried as an adult may carry numerous constitutional protections above and beyond juvenile court, but the process also has a lot of drawbacks. Minors can request a jury trial during which juries may be more sympathetic to their case. Adult court judges may be predisposed to move the case to a speedier trial date, or impose a more favorable sentence. However, drawbacks include more serious punishment, more jail time, and more difficulty in expunging records.
Attorneys for minors fight hard to keep cases in juvenile court. Rape, murder, and serious charges against teenagers ages 16 to 18 routinely are taken to adult courts under automatic transfer protocols. However, juveniles affected by this can still ask for a reversal of the decision. Courts are obliged to hold a reverse transfer hearing at which the minor, through an attorney, can ask the judge to reverse the transfer ruling.
Each state is different when it comes to laws pertaining to trying minors in juvenile or adult courts. Juvenile courts have entirely different procedures than adult courts. You have to do the research on a case by case and state by state basis to know which court will have jurisdiction of those younger than 18 years.
This article was provided by Sandy Wallace, aspiring lawyer with an interest in social issues and substance-related issues. If your child has been charged with a DUI or other criminal acts, Sandy recommends seeking immediate legal counsel.
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