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Speak Up! - View Question #326 |
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Question: What's the minimum age in which a juvenile can be tried as an adult in the state of Arizona?
Answer: It depends on which route the prosecutor decides to take. Under Arizona Law (ARS 13-501), if a child 15 or over commits certain specifically enumerated offenses (such as murder or a drive by shooting), or if the minor has been adjudicated delinquent for two separate prior offenses which would be felony convictions if the minor had been an adult, the prosecutor will file directly in to adult court. If the child is 14, the prosecutor has the discretion whether to keep the case in juvenile court or to try the child as an adult.
If the minor does not have two prior felonies, is not 14 or older, or commits a felony not specifically listed at the beginning of the specific Arizona law (ARS 13-501), the state will file the offense in juvenile court and then can ask the Court for hearing in which the court decides whether or not transfer to adult is appropriate.
Juvenile court jurisdiction begins at 8 years of age. After that, there really is no specific minimum age at which a transfer hearing can be requested. However, there is a general line of reasoning in the juvenile court area that a child is generally not competent before the age of 11 or so.
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