Photo by Matt McGhee
Regardless of your age, if the crime is serious, the prosecutor may file charges against you in adult court or ask the juvenile court to transfer you to adult court. All states have a procedure that allows juveniles to be tried as adults. Some states have adopted an automatic transfer rule, which means you go directly to adult court for certain crimes.
Drastic changes in the juvenile justice system have occurred in the past few years. Due to an epidemic of juvenile crime, a get tough attitude has swept the United States. Most states have changed their laws to put more teenagers in the adult system. The philosophy of treatment and rehabilitation is giving way to longer sentences and fewer services for certain minors.
Sixteen-year-old Morris Kent* was on probation when he was charged with rape and robbery. He confessed to the charges and was transferred to adult court. No investigation was done before the transfer, and the court didn′t state the reasons for sending Morris to the adult system.
He was found guilty and sentenced to thirty to ninety years in prison. The U.S. Supreme Court reversed the transfer, stating that Morris, although a juvenile,was entitled to full due process—which meant a hearing, investigation, and a written statement of the court′s decision and reasons.
Since Morris′s case, any juvenile charged with a crime, with a possibility of transfer to adult court, is entitled to full due process. A lawyer is appointed to represent you. It′s the prosecutor′s job to present evidence to the court regarding the seriousness of the charge and why you should be tried as an adult rather than a juvenile. Your lawyer will argue in favor of you staying in the juvenile system for treatment and rehabilitation.
The court must determine not only what′s best for you but also how to protect the community from you until rehabilitation occurs. Community safety is a priority. Some of the factors the court considers include your age and level of maturity, the time remaining to work with you in the juvenile system, the seriousness of the crime, your criminal history, family support, and whether services have been offered to you in the past.
Photo by Publik15 (Flickr)
If you′re not transferred to adult court, your case will proceed as a juvenile court matter, where jurisdiction ends at age eighteen or twenty-one. If you′re transferred to adult court, you′ll be afforded all the rights of an adult criminal defendant.
This also means that the penalties usually reserved for adults now apply to you—including a number of years in prison, and in some cases, a life sentence with or without the possibility of parole.
More information about Morris Kent is available at “Teens Take It To Court [Young People Who Challenged the Law and Changed Your Life]” by Free Spirit Publishing (2006) at www.freespirit.com.
*Kent v. United States, 383 U.S. 541 (1966).
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y son is being tried as an adult and i was wondering what my rights were as far as being involved. am i also to recieve any papers pertaining to his case. is it the atty’s right not to make sure i get the docs or does he have to give them to me.
Judge Tom’s response:
This is a good question that many parents ask when their kids are in court and have their own lawyer. You must first understand that your son’s attorney represents him only. The attorney has no obligation to you. Also the local rules of court apply as well as your state’s laws about juvenile proceedings. As the parent you have the right to attend all hearings but not necessarily participate. Try to obtain information about the case and the various stages of prosecution from his lawyer or the prosecutor’s office. You might also try the victim’s assistance office if there is one in your area. There may also be a probation officer already assigned to the case and that person may be able to keep you current on the proceedings.
I read in the newspaper about 3 men being charged with capital murder for robbery, rape, etc. One of the 3 men is a juvenile. Since he is not considered an adult can he be tried in Texas as an adult since it was a serious crime leading to the death of one of the victims.
Judge Tom’s response:
Whether a minor is tried as an adult depends entirely on the laws of the state where the offense occurred. So, Texas law and the court will decide if the teen involved in this incident will be prosecuted as a juvenile or an adult.