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    Speak Up! - View Question #620


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    Question: How does the law decide whether a minor is tried as an adult or a minor?

    Answer: Arizona Law (ARS § 13-501) lists the types of crimes that must be tried in adult criminal court, and other types of crimes that may be tried in adult criminal court [meaning, that they may also be tried in juvenile court.]

    Arizona Revised Statute § 8-302 explains the process involved with charging a juvenile with a crime in adult court.

    Arizona Law (ARS § 13-501[A]) outlines the types of crimes that are automatically tried in adult court. That is, there is no discretion to charge the offender as a juvenile for the following types of crimes, so long as the offender is 15, 16, or 17 years old:

    1. First degree murder
    2. Second degree murder
    3. Forcible sexual assault
    4. Armed robbery

    Arizona Law also states that any violent felony offense, any felony offense committed by a chronic felony offender, or any offense that is properly joined to an offense listed in this subsection. This gives some discretion to the prosecutor in deciding whether to charge the juvenile as an adult for his crimes, or to allow his charges to remain in juvenile court.

    Arizona Law lists the types of crimes that a prosecutor has discretion on filing in either juvenile or adult criminal court. That is, the prosecutor may choose to charge a juvenile in adult or in juvenile court, for the following types of crimes, if the juvenile is at least fourteen years of age:

    1. A class 1 felony 2. A class 2 felony 3. A class 3 felony in violation of any offense in chapters 10 through 17 or chapter 19 or 23 of this title 4. A class 3, 4, 5 or 6 felony involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument

    Arizona law also states that any felony offense committed by a chronic felony offender, and any offense that is properly joined to an offense listed in this subsection, may be filed in either juvenile or adult court. This is again a choice to be made by the prosecutor.

    See Other #65 for more information about the punishments for different types of felonies and misdemeanors.


    Comments
    1 thru 3 of 3 comments    [ 1 ]   
    On 04/30/08
    Ashley from OK said:
    i think that kids being charged as an adult is a great idea. if they think they are old enough to commit a crime then they should think that they are old enough to pay the price. as a teenager myself i know the line i shouldnt cross. breaking the law is a big line that teens and young adults should not cross.
    On 10/30/05
    Lanie from FL said:
    I was arrested a couple of night ago. I asked to have my mother or a lawyer present before they dressed me out. I was laughed and told not to worry about it. Well, the officer said, "just to be dressed out?" I was scared and being a minor, I don't think they are supposed to be able to see me naked without a parent there. Of course, I could be wrong.
    On 02/27/04
    alma from AZ said:
    Please describe a chronic defender? How many offenses must be commited before you can be listed as a chronic offender? If you have no prior juvenile or adult record, what constitutes chronic?
    1 thru 3 of 3 comments    [ 1 ]   



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