What crimes can juveniles be charged as adults? Understand the legal criteria and protections. Explore how the law treats young offenders in Bismarck, ND.
As in many other aspects of life, timing matters quite a bit when you commit a crime. In Bismarck, North Dakota, as in many other jurisdictions across the United States, the legal system distinguishes between juveniles and adults when handling criminal cases.
However, there are circumstances under which a juvenile can be charged as an adult. What crimes can juveniles be charged as adults?
This shift usually occurs when the crime committed is particularly severe, raising concerns about public safety and the need for stronger legal consequences.
Understanding which crimes can lead to a juvenile being tried as an adult in Bismarck, ND, involves delving into the state laws and the judicial discretion involved in these cases. Keep reading to find out more about minors in court.
Juvenile Justice System Overview in North Dakota
The juvenile justice system in North Dakota is primarily designed to rehabilitate rather than punish young offenders. This system is based on the belief that juveniles have a greater capacity for change and should be given opportunities to reform their behavior. The focus is on treatment, education, and rehabilitation programs rather than incarceration.
However, North Dakota law allows for exceptions where juveniles can be tried as adults. These exceptions are generally made in cases involving serious offenses, or when the juvenile is a repeat offender with a history of violent or serious crimes.
Criteria for Charging Juveniles as Adults
In Bismarck, ND, several factors are considered when deciding whether a juvenile should be charged as an adult. Here are some of them to consider for your case.
Age of the Offender
Typically, juveniles under the age of 14 are not considered for adult charges, but those aged 14 and above can be. This is especially true in cases of violent crimes or felonies.
Nature of the Crime
The type of crime committed plays a significant role in the decision. Serious crimes, such as murder, sexual assault, and armed robbery, are more likely to lead to a juvenile being charged as an adult.
Criminal History
A juvenile with a history of offenses, especially violent or serious ones, may be more likely to face adult charges. This is often seen in cases where previous interventions have failed to prevent reoffending.
Maturity of the Juvenile
The court may assess the maturity level of the juvenile to determine their understanding of the crime and its consequences. This evaluation can influence whether the case is moved to adult court.
Public Safety
If a juvenile is deemed a significant threat to public safety, the court may decide that adult charges are appropriate to ensure the safety of the community.
Specific Crimes Leading to Adult Charges
Certain crimes are more likely to result in a juvenile being charged as an adult in Bismarck, ND. These crimes often involve significant harm or the threat of harm to others. They include the following:
Murder and Manslaughter
Homicide is one of the most serious crimes and is often prosecuted in adult court, regardless of the age of the offender. In cases of premeditated murder or where there are aggravating circumstances, the likelihood of being charged as an adult increases substantially.
Sexual Assault and Rape
Sexual offenses, particularly those involving violence, are treated very seriously. Juveniles accused of rape or other forms of sexual assault may face adult charges, especially if the crime involved coercion, violence, or resulted in severe physical or psychological harm to the victim.
Armed Robbery and Burglary
When a juvenile commits a robbery or burglary with the use of a weapon, the potential for being charged as an adult rises. The presence of a weapon implies a higher level of danger to the public, which can justify the transfer to adult court.
Aggravated Assault and Battery
Cases involving serious bodily harm or the use of a weapon in an assault are likely to be considered for adult charges. This is particularly true if the victim suffers significant injuries or if the crime demonstrates a disregard for human life.
Drug Trafficking
Juveniles involved in the distribution or manufacturing of controlled substances can face adult charges. This is especially true when it involves significant quantities or organized crime.
Repeat Offenses and Gang-Related Activities
Juveniles who are involved in gang activities or who have a history of repeated offenses may be more likely to be tried as adults. Gang involvement often suggests a deeper entrenchment in criminal behavior, which can influence the court’s decision to impose harsher penalties available in the adult justice system.
Legal Process for Transferring Juveniles to Adult Court
The process for transferring a juvenile to adult court in North Dakota involves several steps. It starts with a petition for transfer.
The prosecutor files a petition to transfer the case from juvenile court to adult court. This petition outlines why the prosecutor believes the juvenile should be tried as an adult.
Hearing
A transfer hearing is held, where both the defense and the prosecution present arguments. The judge considers factors such as the juvenile’s age, the nature of the offense, prior record, and other relevant details.
Judicial Decision
The judge decides whether to grant the transfer based on the evidence and arguments presented. If the transfer is granted, the juvenile will be tried in adult court and face the same penalties as an adult offender.
Implications of Being Tried as an Adult
Being charged as an adult has significant implications for a juvenile. For example, juveniles tried as adults face harsher penalties, including longer sentences and the possibility of being placed in adult correctional facilities.
Unlike juvenile records, which are often sealed or expunged, an adult criminal record is permanent and can affect future employment, education, and housing opportunities.
Juveniles in adult court may not have access to the same rehabilitation programs available in the juvenile system, which could hinder their potential for reform.
What Crimes Can Juveniles Be Charged as Adults?
The answer to the question, “What crimes can juveniles be charged as adults?” is a crime that causes serious harm to others.
Need help understanding the legal rights of juveniles? Heartland Law Office is here to solve your legal troubles as quickly as possible. Attorney Patrick Waters can always relate to you and your specific needs, due to his years of experience in the legal system.