When Can A Juvenile Who Commits A Crime Be Tried As An Adult In California?
There exists a different set of repercussions for juveniles versus adults. In the eyes of the law, those under the age of 18 are considered not capable of clear, responsible decision-making. This allows for some wiggle room with punitive actions after they have committed a crime. In many states though, including California, the most atrocious crimes may be cause to charge juveniles as adults.
Under Proposition 57, all child crimes which go to court will start in juvenile court. Only if the judge believes the crime is that of a higher threshold will it be transferred to the adult criminal system. However, State Bill 1391 says minors aged 14 and 15 cannot be tried as an adult. Due to this law, children aged 14 or 15 who were sent to the adult system have been consistently sent back to the juvenile court. The position each of these laws puts minors that are 14 or 15 at odds and there are some questions of if they can be tried as adults when they have committed heinous crimes.
This confusion over how to try 14 and 15-year-olds has led the state to wait on the judgment of the California Supreme Court. There are five cases where juveniles were sent by judges to the adult system and the supreme court will examine them in 2020 to make a determination on how to proceed. Four of these cases had appellate courts rule that there is no violation between SB 1391 and Prop 57.
What Are The Difference Between Being Tried In The Juvenile System Versus The Adult System?
The major difference is the severity of punitive actions. In the adult system, juveniles will have much tougher punishments and outcomes versus those in the juvenile system. When children are tried in the adult system and sentenced to jail, they are transferred into the adult prison system. Studies and statistics show that when a young person is sent to serve their time in the adult system they are more vulnerable to becoming career criminals. This is in large part because they are not being exposed to reform programs offered in the juvenile system.
California’s history of dealing with criminal children was to not allow any youngster under the age of 16 to be tried as an adult. That changed in 1994. Young people aged 14 are now subject to be charged with major felonies including murder or rape. But when SB 1391 was passed, the goal was to increase the minimum age for juveniles back 16 in order to be tried as adults.
Opposition to SB 1391 says that particularly outrageous crimes committed by youngsters will not be treated with the severity that they require. This means that victims of crimes committed by young people won’t see their full legal justice for the damages and suffering they had to endure.
Where Can You Find A Los Angeles Murder Defense Attorney?
The Los Angeles murder defense attorneys at the Manshoory Law Group, APC solely focus on providing those facing serious criminal charges with sound, and effective criminal defense. If you or your child is facing a criminal charge you cannot take the chance of allowing just any attorney to represent your best interests. You need specialized attention from an experienced team that knows how to mount strong defenses and achieve desirable results.
Call the Manshoory Law Group, APC any time day or night. We are here to help you and can be reached at 877-977-7750. One of our resourceful Southern California violent crime defense attorneys will help you fight the charges you are facing.