A Wisconsin judge recently ruled that two 13-year-old girls will be tried as adults for allegedly murdering their classmate to impress Slender Man, a mythological character. The Slender Man stabbing shocked the nation and brings up the debate of whether minors should be tried as adults in court cases.
What is the difference between being tried as a juvenile versus an adult?
There are several ways the criminal justice system for adults and juveniles differ. While adults are prosecuted for committing crimes, a juvenile is prosecuted for committing delinquent acts. In the case of the “Slender Man” stabbing, the adolescent girls are currently being charged as adults since their crime is considered a more serious one. In juvenile court, a juvenile does not have a right to a jury trial as in the case of an adult trial. In a juvenile case, the trial involves a judge hearing evidence, and then, the judge decides if the minor is a delinquent or not. This process is called an adjudication hearing. A criminal defense attorney can assist you in preparing for an adjudication hearing.
When a juvenile is considered to be a delinquent, the court will decide which appropriate actions must be taken to rehabilitate the juvenile. There are serious consequences to juvenile convictions. They may include:
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Mandatory schools for youth
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Confinement to a juvenile detention center
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A detainment by the juvenile court
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Mandatory community service work
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A permanent blemish on one’s record
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Hefty fines to pay
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Probation or parole
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Home confinement/house arrest
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Adult jail
All states have special courts to deal with minors who have been charged or accused of violating a criminal law. The proceeding is civil and not criminal. They may involve the following cases:
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Juvenile delinquency cases: These cases involve minors who have committed crimes that would be tried in a regular criminal court if they were adults.
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Juvenile dependency cases: These cases involve minors who are abused or neglected by their parents, guardians or caregivers. Often, a judge will have to determine if the minor should be taken from the home or hostile environment.
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Status Offense Cases: These cases involve juvenile offenses and violations, such as skipping school, underage drinking or running away from home.
When a juvenile is accused of a crime, the process is quite different from that in an adult criminal court. Judges, prosecutors, and other court officials are allowed to take different steps when dealing with juvenile cases. In some instances, juvenile cases are moved to adult court. This is known as a "waiver." Cases involving a waiver usually involve serious offenses, such as murder or rape. Minors that frequently get into trouble with law enforcement or the criminal justice system may be tried as adults, too.
Legal Action
If your child has been accused of committing criminal or delinquent acts, the consequences can be severe and serious. Boston Criminal Defense Attorney, Edward Molari can provide your child and family with legal advice that may help reduce your child’s punishment or lessen the charge. He cares about you and provides personalized legal services in every case. Contact Attorney Edward Molari at 617-942-1532 for a free consultation.