The question of whether teens who commit murder should be tried as adults is multifaceted. In Pennsylvania, there are various factors that the courts consider before determining whether a juvenile should or should not be tried as an adult. Our team can provide invaluable legal counsel in such circumstances, guiding families through the courts and protecting their child’s future.
When Are Juveniles Charged as Adults in Pennsylvania?
Pennsylvania statute allows certain minors to be charged as adults, particularly in more severe crimes like murder. There are several critical determinants that will charge a minor as an adult:
Seriousness of the Crime
The nature of the crime is a significant consideration. Murder is one of the most severe crimes, and in Pennsylvania, juveniles as young as 15 can be tried as adults for specific violent offenses. The use of a deadly weapon increases the likelihood of adult charges.
Previous Criminal History
A juvenile with a history of criminal activity may be more likely to be charged as an adult. Courts consider repeat offenses as an indicator of rehabilitation challenges. Repeat offender defense lawyers in Philadelphia can help argue for rehabilitation instead of harsh adult penalties.
Age of the Offender
Under 10 years in Pennsylvania are exempt from criminal liability. For individuals aged 10 to 17, the case would be referred to juvenile or adult court at the discretion of the court under certain circumstances. A youth older than 15 may be automatically diverted to adult court for a major violent felony on conviction, provided they convince their defense lawyer to convince the court to transfer the case to remain in juvenile court.
Public Safety Concerns
The court takes into account whether the youth’s threat to society persists. If there is a feeling that charging the youth as an adult is necessary for public safety, a judge may sustain adult charges. Defense lawyers, on the other hand, usually plead for alternative rehabilitation.
Mitigating Factors
The Pennsylvania laws recognize that the maturity and impulse control of children differ from that of adults. The courts can consider mitigating factors such as mental illness, history of trauma, and capacity for rehabilitation when making the decision of whether to retain the case in juvenile court.
Pennsylvania’s Juvenile Justice System vs. Adult Court
The distinction between juvenile and adult court is significant in Pennsylvania. Juvenile court focuses on rehabilitation, with rehabilitation for young offenders so that they may be productive members of society. Adult court focuses on punishment, with harsh punishments that can include life imprisonment.
There is also a direct file process in Pennsylvania that directly places some charges, like murder, into the adult court for juveniles. There is a judicial process known as a decertification hearing, though, that a defense attorney can request to have the case heard in juvenile court.
Consequences of Charging Juveniles as Adults
Being convicted as an adult comes with harsher penalties, including longer prison sentences and a permanent criminal record. Juveniles placed in adult facilities face increased exposure to violence, abuse, and limited access to rehabilitation programs. Research indicates that youths tried as adults are more likely to reoffend than those processed through the juvenile justice system.
On the other hand, the juvenile court also administers other forms of punishment in the form of probation, counseling, and residence at youth rehabilitation centers. This is aimed at guiding juveniles to a positive future rather than an indeterminate sentence.
How a Defense Lawyer Can Help
If your child is charged with a serious offense, a juvenile delinquency defense lawyer in Philadelphia can be of great assistance. A skilled attorney will review the facts of the case, attack the case for the prosecution, and work to keep the case in juvenile court for as long as possible. For habitual offenders, representation by an attorney is essential.
Conclusion
Whether a Pennsylvania juvenile who is accused of murder is tried as an adult depends on the severity of the crime, prior criminal record, and other factors. With proper representation, there are some options to avoid keeping the case in juvenile court and the long-term consequences. If your child has been charged with a serious crime, don’t delay—call our lawyers today to discuss your case and fight for their future.