Juvenile vs Adult Court: How Washington Decides

In Washington State, minors who commit serious offenses may be tried in adult court instead of juvenile court. This decision has significant consequences, including adult criminal penalties. It’s essential to understand the factors that influence whether a minor is tried as an adult, as it can drastically impact their future.

Factors that Influence Whether a Minor is Tried as an Adult

Washington law requires judges to consider several factors when determining whether a minor should be tried in adult court:

  • Age of the Minor: Minors aged 16 and older are more likely to be tried as adults. However, minors as young as 13 can be transferred for certain serious offenses.
  • Nature of the Offense: Serious crimes like murder or aggravated assault are more likely to result in an adult trial.
  • Criminal History: Repeat offenders or minors with a history of violent crimes are at higher risk of being tried as adults.
  • Likelihood of Rehabilitation: If a minor has failed to respond to juvenile interventions, courts may view them as unlikely to benefit from further rehabilitation in the juvenile system.

The Transfer Process

If the court decides to move a minor’s case to adult court, there are a few steps involved:

  1. Motion for Transfer: The prosecutor files a motion to transfer the case.
  2. Transfer Hearing: The court holds a hearing where both the prosecutor and defense counsel present their arguments.
  3. Judge’s Decision: The judge decides whether to transfer the case to adult court, where the minor will face adult sentencing if convicted.

Challenges of Trying Minors as Adults

Trying minors as adults raises several concerns:

  • The Impact on Rehabilitation: Minors in adult court face harsher penalties and fewer rehabilitation opportunities.
  • Psychological and Developmental Concerns: Adolescents are still developing emotionally and psychologically, which can affect their understanding of the consequences of their actions.
  • Long-Term Consequences: A conviction in adult court can result in a permanent criminal record, making it harder for the minor to pursue education or find employment later in life.

Recently, Washington has leaned toward keeping minors in the juvenile system where possible, focusing on rehabilitation and support rather than punishment. Efforts have been made to divert minors from adult court to give them a chance to rehabilitate and reintegrate into society.

Deciding whether a minor should be tried as an adult involves complex considerations. While the severity of the crime and criminal history are significant factors, courts must also weigh the potential for rehabilitation and the psychological impact on the minor. If you or someone you know is facing this decision, it’s essential to consult an attorney experienced in juvenile law to explore all available options.

Contact Us Today

At the Law Office of Erin Bradley McAleer, we help young people navigate the complexities of the justice system. If you need assistance with a juvenile case or have questions, contact us today to schedule a consultation.