In true crime shows and podcasts, we tend to hear the term “tried as an adult” used in some juvenile cases. Typically, we think of it as minors being tried as adults because of the severity of their crimes. However, there are other requisites aside from the crime committed. It also includes the minor’s maturity and their criminal history.
What Happens When a Minor is Tried as an Adult?
Unlike juvenile courts that focus on rehabilitation, adult courts focus on punishment. When a child is tried as an adult, they would be subject to the same penalties as adults. For example, a juvenile defendant convicted of a sex crime must register as a sex offender, but only for 10 years. However, if they are tried as an adult, they may have to register as a sex offender for life. Also, if they are tried as an adult, they may face longer sentences.
When can a Minor be Tried as an Adult?
Generally, people under the age of 18 who are charged with crimes are diverted to juvenile court. This is where their cases are resolved without a criminal conviction. However, there are cases when the crimes they committed are so severe that they need to be tried as an adult. The following factors must be present for the court to consider it:
- The crime committed must be severe and violent, and is considered a serious offense i.e., aggravated murder, rape, or armed robbery.
- The juvenile has a prior criminal history or has a pattern of criminal behavior, particularly those that are violent.
- The impact of the crime committed by the juvenile defendant on the victims and/or their families.
- The juvenile’s mental and emotional state, whether they have the maturity or they have the ability to comprehend the consequences of their actions. The court also considers their chance of rehabilitation.
- The juvenile is perceived as a danger to the community.
The prosecutor may file a petition seeking a waiver of juvenile court jurisdiction for them to be tried as an adult. The juvenile court then investigates the circumstances of the juvenile to assess if the above factors are present. After the investigation, a hearing would be conducted in which the prosecution and defense can present evidence. Once the hearing has concluded, the judge will consider the evidence and weigh all factors and circumstances and decide whether the juvenile should stand trial as an adult. If the judge certifies the youth, the case will be transferred to the adult court. Otherwise, the case will remain in the juvenile court.
Possible Defense for the Juvenile to Avoid Being Tried as an Adult
If adult courts are already heavy for adult defendants, it is a lot worse for the juveniles. They can lose their entire youth, future prospects, and even their families and friends. “They still have a long way ahead of them” is an understatement for a juvenile who might face punishment meant for grown adults. Which is why it is important to thoroughly know the circumstances of a juvenile to have a chance to avoid harsher punishment for them.
Some factors can help juveniles from being tried as an adult, such defenses may include:
- The positive aspects of the juvenile and their background, which may include positive statements from authority figures in their lives, such as their school teachers.
- Presenting mitigating evidence, such as disabilities or mental health issues, could prove their lack of intent or premeditation to commit the crime.
- The juvenile’s lack of a previous criminal record.
- Showing progress in the juvenile system and proving that the current system is enough to hold the juvenile accountable and rehabilitate them.
- Demonstrating that the juvenile can be rehabilitated and reintegrated into society.
- Showing a strong enough support system that will prevent the juvenile from committing future crimes.
- Arguing that the child is too unsophisticated for the adult court and cannot properly discern the consequences of his actions.
Leaving the juvenile in the mercy of the courts without a competent attorney defending them can have devastating consequences. They may face worse punishment than they deserve and prevent them from taking proper accountability for their actions. Having their lives completely ruined for acts that do not require such heavy punishment is an injustice. Get yourself an attorney experienced in juvenile defense in Collin County who will listen and fight for accountability without excessive punishment here at the Edgett Law Firm. Contact us at 972-424-0760 or go to edgettlawfirm.com/contact/