In the modern legal system, most jurisdictions view a person as an adult at 18 years of age. Until a person reaches this age, they are less likely to receive the full extent of a jurisdiction’s legal system. At certain parts in a child’s life, age can be used as a valid defense. If a person is under 7 years of age, they will not be charged in most jurisdictions. From the age of 7 to the age of responsibility, which is usually recognized as 16 but varies by jurisdiction, an offender can be tried in the juvenile system (criminal Law Today).
Although it is rare, a process does exist where juveniles can be transferred and tried in adult court. For the year 2008, roughly 9,000 juvenile cases were transferred to adult court. This number is significantly …show more content…
One method is a prosecutorial waiver or also known as direct file. These waivers were used in Washington, DC. And 15 other states during the year 2009. Although each of these states have prosecutorial waiver, different states have different statutes pertaining to when these waivers can be used. In the state of Florida, a prosecutor can waive a 16-year-old charged with a felony to adult court. This waiver also applies to juveniles who are at least 16 years old and facing a misdemeanor charge if said juvenile has previously been charged with a felony(textbook). Another method of transferring juveniles to adult court is through statutory exclusion or legislative waiver. Under this system, certain crimes juveniles commit is automatically transferred based on the decisions of legislators in which the crime was committed. Problems exist because what qualifications do these legislators possess that allows them to make a decision on whether or not a case should be tried in adult court. Also, this type of waiver can tie a judge’s hands on whether or not a juvenile’s case should be moved to adult …show more content…
Hearings are held to see if a juvenile’s case should be transferred to adult court. At these hearings, a prosecutor has to prove two things: 1) probable cause that an offense occurred and that it was committed by the juvenile, and 2) the case is not susceptible to the juvenile system or that the offender poses a threat to public safety. If these can be proven by a prosecutor, the case will be waived(book). States having an age of responsibility or age where a case can be transferred is good because it prevents young children from facing the adult criminal court system, but it also creates a problem. Not all children mature at the same rate and because of this, just because an offender is 16 years of age does not mean he or she understands the they have committed. Research suggests that juveniles begin to reason at the age of six. While juveniles are still in their adolescent years, they begin to develop a conflict between how they present themselves and what role they play in society (Eccles,
Although it is rare, a process does exist where juveniles can be transferred and tried in adult court. For the year 2008, roughly 9,000 juvenile cases were transferred to adult court. This number is significantly …show more content…
One method is a prosecutorial waiver or also known as direct file. These waivers were used in Washington, DC. And 15 other states during the year 2009. Although each of these states have prosecutorial waiver, different states have different statutes pertaining to when these waivers can be used. In the state of Florida, a prosecutor can waive a 16-year-old charged with a felony to adult court. This waiver also applies to juveniles who are at least 16 years old and facing a misdemeanor charge if said juvenile has previously been charged with a felony(textbook). Another method of transferring juveniles to adult court is through statutory exclusion or legislative waiver. Under this system, certain crimes juveniles commit is automatically transferred based on the decisions of legislators in which the crime was committed. Problems exist because what qualifications do these legislators possess that allows them to make a decision on whether or not a case should be tried in adult court. Also, this type of waiver can tie a judge’s hands on whether or not a juvenile’s case should be moved to adult …show more content…
Hearings are held to see if a juvenile’s case should be transferred to adult court. At these hearings, a prosecutor has to prove two things: 1) probable cause that an offense occurred and that it was committed by the juvenile, and 2) the case is not susceptible to the juvenile system or that the offender poses a threat to public safety. If these can be proven by a prosecutor, the case will be waived(book). States having an age of responsibility or age where a case can be transferred is good because it prevents young children from facing the adult criminal court system, but it also creates a problem. Not all children mature at the same rate and because of this, just because an offender is 16 years of age does not mean he or she understands the they have committed. Research suggests that juveniles begin to reason at the age of six. While juveniles are still in their adolescent years, they begin to develop a conflict between how they present themselves and what role they play in society (Eccles,