Trying Juveniles as Adults
Juveniles may enter into the adult criminal justice system in several different ways. Not all states employ all of these systems, although most employ a combination of systems that provides for multiple ways in which a juvenile may be routed into the adult criminal justice system.
Age Restrictions Preclude Juvenile Court Jurisdiction
In many states, juvenile court jurisdiction is limited by statute to juveniles beneath a certain age. While the majority of states fix the upper limit at 17, so that anyone who is legally a minor may be subject to juvenile court jurisdiction, others impose lower limits. Several states limit juvenile court jurisdiction to minors 16 and under, and a few even exclude children over 15 from juvenile court jurisdiction. That means that in those states, 16 and 17 year old juveniles are automatically subject to the adult criminal justice system rather than the juvenile system.
Particular Crimes Excluded from Juvenile Court Jurisdiction
Many state statutes specifically prohibit juvenile courts from taking jurisdiction over cases involving certain crimes, regardless of the age of the child. Thus, any charges relating to those crimes-generally more serious and violent crimes-will be filed in the adult criminal system, regardless of the age of the child.
Direct Filing
In many states, prosecuting attorneys have the discretion to file what would otherwise be a juvenile delinquency petition in the adult criminal court system. These provisions are often limited in some way, so that the juvenile in question must be of a certain age or the crime in question must fall into a specified list.
Waiver Into Adult Court
In some juvenile delinquency proceedings filed in juvenile court, the judge may determine that the issues are best addressed by the adult criminal system. In that case, the case may be transferred into adult court from the juvenile system. Again, some states place age or crime restrictions on waiver into adult court. Many states also have "reverse waiver" provisions, which allow an adult criminal court judge to transfer a juvenile defendant to the juvenile court system if the issues could better be addressed by that court.
Once an Adult, Always an Adult
In some states, a juvenile tried as an adult in one case will be routed into the adult criminal system permanently, even if later charges would not themselves qualify for adult treatment. Thus, if a juvenile who has previously been prosecuted in adult court commits a minor offense which would otherwise be subject to juvenile court jurisdiction, he will nonetheless be tried for that offense as an adult.