I'm from the Netherlands, and I'm currently watching the episode "Crucified" of the series "Justice". In this episode, a 17 y/o is going to be tried as an adult for crucifying a school mate.
My questions:
Why does the DA (seem to) have the freedom to choose to try a minor as an adult? From what I gather, DAs in the US are under a lot of pressure to convict suspects and send them to jail for as long as possible. What effect does it have on the justice that is being done if opinion of the (usually not very well-informed) masses has such an impact of the toughness of the charges? It seems to me that you should be tried as an adult when you're actually an adult, and not at the whim of a DA/the masses.
Also, are there any advantages to being tried as an adult from the perspective of the accused? E.g., is the burden of proof for the DA bigger, seeing that the resulting penalty is higher for the accused?
I'm trying to see the fairness in this system, but I can't. Can anyone help me?
2007-02-01 20:08:59 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I wasn't looking for a literal explanation of what being tried as an adult means, I'm just wondering how it is justified. How can you have a rule (law?) that juveniles should be tried as juveniles, and then have a DA (not a Supreme Court judge, no: a DA!) toss such a rule out the window when (s)he sees fit?
I just don't understand that...
2007-02-01 20:18:28 · update #1
No one is tried as an adult with out physiological testing. The DA requests the tests and the judge makes the ruling not the DA, the major questions asked is. Does the accused understand right from wrong, and did they understand what they were doing at the time, and understand the ramifications. Most "children" by 17 as the age you can drive and have the cognitive skills to behave as an adult. The fairness being, should a child who has been educated and exposed to other social activities be treated the same as a child who is academically, socially and sometimes financially not as well off. That is why each case is handled differently.
2007-02-01 20:15:37 · answer #1 · answered by Cherry_Blossom 5 · 0⤊ 0⤋
Being tried as an adult means that the crime is of sufficient ferocity that the perpetrator acted on a level that an adult would act on. Murder, purposed and intended would be in that area of the law. While the masses may be uninformed, they really have little to say since it is the legal system, from the judiciary up through the state and Federal government that makes these decisions. The out cry of the people is one thing, the law is something else again.The government might be influenced by the people, but it is the government that has the final say.
Being tried as an adult may not be of much help to the accused, but why did they do what they have done? They most likely chose to do the act, so they should endure the due punishment for the act.
2007-02-01 20:21:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The DA's can only petition the court and present evidence and a case to have a juvenile "tried as an adult" and hence subject to adult penalties. Only the court can Order that a juvenile be tried as an adult.
Naturally, the defense presents a case for not having the child tried as an adult.
The final decision rests with the Court.
Recently, however, there has been an increase in court decisions to try juveniles as adults because of the heinousness of the offences by juveniles.
2007-02-01 20:30:05 · answer #3 · answered by morahastits 4 · 0⤊ 0⤋
It means rather than being tried in juvenille court, they will be tried as an adult and subject to adult penalties for the crime and sent to adult correctional facilities if convicted.It is usually 16 or 17 year olds that are accused of commiting very serious crimes that end up being tried as adults.
2007-02-01 20:14:35 · answer #4 · answered by Anonymous · 0⤊ 1⤋
being tried as an adult means this, if a child is 13 or 15 and is being tried as an adult that child after being convicted will spend their rest of child hood in say a Juvinal prison then once they hit 18 they will be sent to a adult prison..they would not put a 13 year old with adults in prison
2007-02-01 20:16:29 · answer #5 · answered by Gina 4 · 0⤊ 1⤋
A fantasy for people who don't want to divorce. Seriously, all of the couples I have known who had open marriages - where you can have sex with other people - have been that way because they weren't really happy together anymore but didn't want to split because of the kids, or because of what their friends/families would say, etc. It's sad.
2016-05-24 04:34:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It means your screwed
2007-02-01 20:11:28 · answer #7 · answered by Anonymous · 0⤊ 1⤋