Reasons for Having a Juvenile Tried in an Adult Court
Juveniles who commit crimes are usually tried and sentenced in accordance with the laws of juvenile court. In some instances, juvenile offenders are transferred, or waived, into adult criminal court. The waiver is one that removes the protections provided by the juvenile court. The reasons for having a juvenile tried in an adult court are multifaceted and complex.
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Type of Crime
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The type of crime committed by the juvenile offender can be the reason he is tried in an adult court. If it was a violent crime, such as murder, kidnapping or a sexual offense, he may be tried in adult court. Juvenile offenders are usually tried in juvenile court unless the crime is especially egregious.
Rehabilitation
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When a juvenile is tried in an adult court, the judge can decide whether or not she is likely to be rehabilitated. The judge will hear testimony related to the past crimes committed by the offender, background and home life and willingness to get treatment. If she has been sentenced to treatment previously, and was not receptive, the judge is more likely to prosecute her in an adult court than if she had been interested and cooperative.
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Age
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The age of the offender is taken into account, along with other factors, when a juvenile is tried in an adult criminal court. Age by itself is not taken into account. For example, if an older teen, such as a 17-year-old, commits a heinous crime of murder, he is more likely to be sent to adult court than if he were 14 years old.
Automatic Transfer
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State law can determine where a juvenile is tried for a crime. Each state has its own laws and court procedures. Some states, such as Rhode Island, have automatic transfer laws in place. Such laws take the decision out of the judge's hands and make them mandatory based on certain factors. Automatic transfer laws require that juvenile cases are automatically transferred to adult criminal court if the juvenile is over the age of approximately 16 and is charged with a violent offense, such as murder or rape.
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References
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