The Legal Basis for Trieding Juveniles as Adults: Justification and Implications

The Legal Basis for Trying Juveniles as Adults: Justification and Implications

For many years, the debate over whether juveniles should be tried as adults has been ongoing. This article explores the legal basis for such trials, examines the arguments for and against, and provides an in-depth analysis of the differing legal systems across the United States.

Introduction

The legal system for dealing with juvenile offenders in the United States is complex and varies significantly from state to state. However, the overarching principle is to balance the need for justice with the rights and developmental needs of juveniles. The question of whether juveniles should be tried as adults is particularly contentious. This article delves into the legal basis for these trials, the rationale behind such practices, and the implications of these decisions.

The Legal Framework

The United States has a dual-track system for criminal justice, with separate systems for juveniles and adults. However, there are instances where juveniles can and do face adult criminal courts. The legal basis for these trials lies in the intersection of individual state laws, federal statutes, and constitutional principles.

State Laws and Standards

Each state establishes its own laws and standards for handling juvenile offenders. Some states have specific statutes that outline when a juvenile can be transferred to an adult court. For example, in Texas, if the crime occurs after a juvenile turns 17, they are handled as an adult. Other states, like Georgia, have more rigid requirements, such as the 'Seven Deadly Sins' statute, which covers crimes ranging from murder to treason.

Example of State Laws

In the Federal system, the 18 U.S.C. 5031 et seq. outlines the procedures for transferring juveniles to adult court for violent crimes.

Arguments for and Against

The decision to try a juvenile as an adult is not made lightly. Proponents argue that certain juveniles, especially those who commit severe crimes like rape, murder, or arson, deserve and require the full weight of the adult legal system. These individuals are viewed as too dangerous to be left in the juvenile system.

Arguments for Juvanelies as Adults

Severe Crimes: Some juveniles commit acts of violence that are so shocking and cruel that they require adult punishment to deter future crimes. For instance, a 13-year-old killing a 3-year-old child by cutting their throat or starting a fire that kills 150 students

Repeat Offenders: Individuals who repeatedly commit serious crimes may benefit from the stringent structure and resources of the adult court system.

Arguments Against Juvanelies as Adults

Expertise and Development: Juveniles may lack the full understanding of the consequences of their actions due to their developmental stage. Treating them as adults disregards their developmental limitations.

Education and Rehabilitation: The juvenile system is designed to provide educational and rehabilitation opportunities that the adult system may not offer.

The Juvenile Court Process

The juvenile court has a unique approach, which is both less formal and more focused on rehabilitation than the adult court. However, there are mechanisms through which jurisdiction can be waived, allowing the case to proceed in adult court.

Waiver Mechanisms

Prosecutorial Discretion: In states like Texas, prosecutors can file directly in the adult court without a judge's waiver.

Statutory Waiver: Some states have laws that mandate certain cases to be handled in adult court, such as the aforementioned Georgia's 'Seven Deadly Sins'.

Adult Court Jurisdiction: Juvenile courts can waive jurisdiction, either at the request of the prosecutor or defense, but only before evidence is introduced.

Conclusion

The legal basis for trying juveniles as adults is grounded in the need to address severe criminal behavior. While the juvenile justice system provides unique opportunities for rehabilitation, the option to proceed in adult court is a crucial tool for dealing with the most serious crimes. This dual system reflects a nuanced approach to juvenile justice, balancing the need for accountability with the developmental stage of the offender.

References

State Laws and Jurisdiction

18 U.S.C. 5031 et seq.

Age of Criminal Responsibility in Texas and Georgia