New Jersey Supreme Court Deliberates on Trying Juveniles as Adults

July 14, 2012

New Jersey Supreme Court Deliberates on Trying Juveniles as Adults

The New Jersey Supreme Court is currently deliberating on a challenge to the law governing when juveniles can be charged with adult crimes in New Jersey. The outcome could affect hundreds of New Jersey teens each year.

According to New Jersey law, people under the age of 18 are generally considered juveniles, but suspects ages 16 and 17 can be tried in adult criminal court if they are charged with violent offenses such as homicide or aggravated assault. Currently, the decision whether to charge an individual as a juvenile or as an adult is left to the discretion of county prosecutors, and judges are permitted to second-guess the decisions only in cases of outrageous error.

Several advocacy groups, including the American Civil Liberties Union and the New Jersey Institute for Social Justice have challenged this aspect of the law, arguing that judges should be given more authority in deciding when to try a juvenile as an adult.

Juvenile vs. Adult Charges in New Jersey

For teens facing criminal charges in New Jersey, the distinction between juvenile and adult court can make a dramatic difference in how a trial is conducted and what the penalties are in the event of conviction. Juvenile offenders in New Jersey have their cases tried in the family court system, where the primary objective is rehabilitation and the sentences are generally much lighter than in adult court. In addition to receiving lighter sentences, people convicted of juvenile offenses are spared other "collateral consequences," such as driver's license suspensions or loss of voting rights, which are often added onto the sentences of adults.

Another benefit of being charged as a juvenile rather than as an adult in New Jersey is that juvenile courts are closed to the public. Likewise, juvenile defendants cannot be publicly identified and juvenile records are kept private. In contrast, adult trials are open to the public, and the criminal records of adult offenders are considered public information.

Get Legal Help for Your Child

If your child is facing criminal charges in New Jersey, it is important to seek help right away from a knowledgeable criminal defense lawyer with experience representing juvenile clients. An attorney will advocate on your child's behalf to minimize the consequences of the charges and will fight to protect his or her legal rights.

Article provided by Heather J. Darling, Esq., L.L.C.
Visit us at http://www.heatherdarlinglawyer.com