What is trying a juvenile as an adult?
When a young person under 18 commits a crime, they usually go through the juvenile justice system. However, in certain situations, these youth can be “tried as adults,” meaning their case moves to adult criminal court instead. This process has significant consequences for the young person’s future and remains one of the most debated topics in criminal justice today.
Understanding the Transfer to Adult Court
The transfer to adult court happens when the juvenile justice system decides that a young person’s case is too serious or complex for juvenile court to handle. Once transferred, the youth faces the same legal proceedings, potential sentences, and criminal records as adult offenders. This means they could receive much harsher punishments, including lengthy prison sentences in adult facilities.
Three main ways exist for moving a juvenile case to adult court:
- Judicial waiver: A judge decides after a hearing whether the case should move to adult court
- Prosecutorial discretion: In some states, prosecutors can choose which court system to file charges in
- Statutory exclusion: Certain serious crimes automatically send youth to adult court based on state laws
The Waiver Hearing Process
A waiver hearing is a critical court proceeding where a judge determines whether a juvenile should be tried as an adult. During this hearing, the judge considers several important factors before making a decision. These factors typically include the seriousness of the alleged crime, the young person’s age, their previous criminal history, and whether rehabilitation in the juvenile system seems possible.
The hearing involves presentations from both the prosecution and defense. The prosecutor argues why the case belongs in adult court, while the defense attorney fights to keep it in juvenile court. The judge weighs all evidence and testimony before deciding the youth’s fate.
What Constitutes a Serious Juvenile Offense
Not all crimes committed by youth lead to adult court transfers. Generally, only the most serious juvenile offenses trigger this possibility. These serious offenses often include:
- Murder or attempted murder
- Armed robbery
- Rape or sexual assault
- Kidnapping
- Serious assault with a deadly weapon
- Major drug trafficking offenses
The age of the youth also matters significantly. While laws vary by state, older teenagers (usually 16 or 17) face higher chances of transfer to adult court than younger children. Some states set minimum ages below which transfer cannot occur, typically around 13 or 14 years old.
The Middle Ground: Blended Sentencing
Blended sentencing offers a compromise between juvenile and adult court systems. This approach allows courts to impose both juvenile and adult sentences, giving young offenders a chance to prove themselves while maintaining serious consequences for failure.
Under blended sentencing, a youth might receive a juvenile sentence with an adult sentence suspended. If they successfully complete their juvenile sentence and avoid further trouble, the adult sentence gets dismissed. However, if they violate terms or commit new crimes, the adult sentence activates, sending them to adult prison.
Consequences of Being Tried as an Adult
The decision to try a juvenile as an adult carries heavy, long-lasting consequences that extend far beyond the immediate legal proceedings:
- Harsher sentences: Adult courts can impose much longer prison terms than juvenile courts
- Adult prison placement: Youth may serve time in adult facilities, facing dangerous conditions
- Permanent criminal record: Adult convictions create lasting records that affect employment, education, and housing opportunities
- Loss of juvenile protections: Youth lose access to education, counseling, and rehabilitation programs designed for their age group
The Ongoing Debate
Society remains divided on trying juveniles as adults. Supporters argue it ensures justice for victims of serious crimes and protects public safety. They believe some crimes are so severe that age should not excuse the perpetrator from full accountability.
Critics counter that youth have developing brains and greater potential for rehabilitation than adults. They point to research showing that adolescents have less impulse control and decision-making ability than adults. Many argue that harsh adult sentences waste young lives that could be turned around through proper intervention.
State Variations and Recent Trends
Laws about trying juveniles as adults vary significantly across the United States. Some states make transfer relatively easy, while others reserve it for only the most extreme cases. Recent years have seen many states reconsidering their approach, with some raising the minimum age for transfers or limiting the types of offenses that qualify.
Several states have also expanded their blended sentencing options, recognizing the need for flexibility in handling serious juvenile cases. These changes reflect growing understanding about adolescent brain development and the importance of rehabilitation over punishment for young offenders.
Looking Forward
The practice of trying juveniles as adults continues to evolve as society balances public safety concerns with recognition of youth development needs. Understanding this process helps communities engage in informed discussions about juvenile justice reform and the best ways to handle young people who commit serious crimes.
Whether through traditional transfer, waiver hearings, or blended sentencing approaches, the goal remains finding the right balance between accountability and the opportunity for young people to change their lives. As research advances and public attitudes shift, the juvenile justice system will likely continue adapting its approach to serious juvenile offenses.
