What are the minimum legal requirements to charge a child as an adult in a crime?

Question

After watching the Jena 6 case unfold, I'm curious as to what factors are required to be present before a crime can be argued as severe as the actions of an adult. I'm looking for the legal definition of charging children as adults, and what occurences and determiners are used to decide this.

Answer 1

There are NO standardized laws/requirements for determining this.

Laws in some states require anyone charged with certain crimes, such as homicide, to be tried as an adult, regardless of age. Many states also provide that a juvenile must be tried as an adult if he or she has been previously found guilty of an offense that would be a felony if committed by an adult.

Prosecutors are sometimes given the discretion to charge a juvenile in either adult or juvenile court. This discretion is limited to certain types of offenses, committed by juveniles over a certain age. The offenses charged are usually violent, very serious, or repeat offenses. Similarly, minor traffic offenses often may be charged in either juvenile or adult court.

Judges in virtually every state may waive juvenile court jurisdiction, and transfer a case to adult court. This typically is done at the request of the prosecutor, although some states allow a juvenile or his or her parents to request such a waiver. A hearing is usually held to determine if the case is an appropriate one for adult court. The main factor the juvenile court will consider is whether the juvenile can be helped by the juvenile court system. If the court concludes that the resources available within the juvenile court system can help the juvenile, the case should stay in juvenile court.

Answer 2

But the Superior Court does not have to accept them even if transfered!

169-B:24 Transfer to Superior Court. –
I. All cases before the court in which the offense complained of constitutes a felony or would amount to a felony in the case of an adult may be transferred to the superior court prior to hearing under RSA 169-B:16 as provided in this section. The court shall conduct a hearing on the question of transfer and shall consider, but not be limited to, the following criteria in determining whether a case should be transferred:
(a) The seriousness of the alleged offense to the community and whether the protection of the community requires transfer.
(b) The aggressive, violent, premeditated, or willful nature of the alleged offense.
(c) Whether the alleged offense was committed against persons or property.
(d) The prospective merit of the complaint.
(e) The desirability of trial and disposition of the entire offense in one court if the minor's associates in the alleged offense were adults who will be charged with a crime.
(f) The sophistication and maturity of the minor.
(g) The minor's prior record and prior contacts with law enforcement agencies.
(h) The prospects of adequate protection of the public, and the likelihood of reasonable rehabilitation of the minor through the juvenile court system.
II. The minor shall be entitled to the assistance of counsel. Both the prosecutor and counsel for the minor shall have access to the court records, probation reports, or other agency reports. If the court orders transfer to superior court, it shall provide a written statement of findings and reasons for such transfer to the minor. When persons so certified are accepted by the superior court, the superior court may dispose of all criminal charges arising out of the incident which led to the transfer petition according to the relevant laws of this state without any limitations as to sentence or orders required by this chapter. All original papers in transferred cases shall remain in the court from which transferred and certified copies of the papers shall be filed with and shall constitute the records of the court to which transfer is made. Pending disposition by the superior court, a juvenile who is transferred and accepted by the superior court may be placed under the supervision of the department of corrections or required to recognize with sufficient sureties, or in default of such sureties, be detained at a county correctional facility to await disposition of the case in the superior court; provided, however, once a minor is certified for trial as an adult and the person is transferred to the superior court, detention at the youth development center is prohibited.
III. Upon the filing of a petition for transfer to the superior court, the court shall conduct a scheduling hearing and establish a scheduling order for all future hearings necessary to the transfer petition, notwithstanding the provisions of RSA 169-B:14, II.
IV. When the felony offense charged is first degree murder, second degree murder, attempted murder, manslaughter, first degree assault, second degree assault (except when the allegation is a violation of RSA 631:2, I(d)), aggravated felonious sexual assault, kidnapping, criminal restraint, robbery punishable as a class A felony, a violation of RSA 318-B:26, I(a) or (b), or negligent homicide under RSA 630:3, II, or when the minor is charged with any felony and, prior to the filing of the felony petition, the minor has been petitioned to the court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses, and the minor commits the act after the minor's fifteenth birthday, there shall be a presumption that the factors listed in RSA 169-B:24, I support transfer to the superior court.
V. [Repealed.]
Source. 1979, 361:2. 1987, 402:12. 1988, 89:17. 1995, 302:18; 308:106. 1998, 381:2, eff. Jan. 1, 1999. 2003, 265:1, eff. Jan. 1, 2004. 2004, 158:3, eff. May 24, 2004.