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IBA: When Kids Become Adults

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By Joe Delamater
 

delamater-joe.jpg Delamater

Charging juveniles as adults is a topic that has garnered media attention lately with a rash of gun-related deaths among teens. It’s also an area where we need to balance sympathy for the victims and for the minor offenders.

In order for a juvenile to be tried as an adult under typical circumstances, the State must request that the juvenile court waive its jurisdiction. Whether that is requested and ultimately granted depends on many things, including the age of the child and the type of crime. The court will hold an evidentiary hearing in order to determine whether the waiver of jurisdiction is appropriate.

However, for some crimes, the juvenile court simply does not have jurisdiction. When an offense listed in Indiana Code § 31-30-1-4 is committed by an individual sixteen or older, the adult courts have jurisdiction. These are typically referred to as “direct file” charges.

In determining whether a given crime is on the direct file list, I use a mnemonic: “guns, drugs and gangs.” If the crime is related to one of those areas, it’s worth looking at the statute to see whether it is listed. Not every crime on the list fits neatly under that mnemonic–it’s just my personal reference tool.

The “guns and gangs” crimes that can be directly filed are Attempted Murder, Murder, Kidnapping, Rape, Criminal Deviate Conduct, Robbery (with a deadly weapon or causing bodily injury), Carjacking, Criminal Gang Activity, Criminal Gang Intimidation, Carrying a Handgun Without a License (as a felony), Children and Firearms (as a felony), and Dealing in a Sawed-off Shotgun. The drug cases that are eligible are Manufacturing or Dealing in Cocaine or a Narcotic Drug, Dealing in Methamphetamine, Dealing in a Schedule I, II, III, or IV Controlled Substance, if and only if the individual has a prior unrelated conviction or juvenile adjudication for one of those same substance offenses.

This begs the question of why we allow children to be charged as adults and why the type of offense determines whether adult charges are filed? Those topics alone merit a more in-depth discussion than can be afforded here. However, the General Assembly has decided there is little distinction between a carjacker who commits the act two days before their eighteenth birthday and the one who waits until after. The inference is that the type of offense and its community impact outweighs certain rehabilitative programs afforded in juvenile court when the offender is moderately close to adulthood.

Also noteworthy are the crimes that are not given direct file treatment: Burglary, Arson, Human Trafficking (i.e. think of pimping or the movie Taken) Child Molesting, Strangulation and more. These are all crimes that go straight to juvenile court and can only move to adult court after a separate jurisdictional waiver process. For these serious offenses, the General Assembly left the juvenile court with the discretion to determine whether that child is beyond the rehabilitation of the juvenile justice system. While the juvenile court is not given that discretion for direct file crimes, this discretion does not disappear. Instead, it is shifted.

Whether to charge a child as an adult is discretionary and rests with the Prosecuting Attorney of your county. A prosecutor may opt to charge a lesser offense in order to keep the accused in juvenile court; the notion of potentially making a child a felon is not taken lightly. Consideration will be given to the marked sentencing disparities between adult and juvenile court. This difference is one of many considerations a prosecutor will evaluate in their deliberation in filing charges. Among others may be the child’s delinquency history, the nature of the offense, and the child’s character.

Juvenile courts exist to afford children an opportunity to receive the care, treatment and rehabilitation that they each deserve. The court assumes the role of parens patriae for each child within its jurisdiction. Acting as a parent, the juvenile courts must make tough calls in setting their “children” on the right path (and helping to ensure they stay on that path). Juvenile courts work to balance society’s interest in community safety and peacekeeping with the best interests of the child presented to them to “parent.” However, Hoosiers have decided that these particular crimes are so serious that the juvenile courts lose that discretion because the acts cross the thin line between the juvenile and adult justice systems. These serious crimes are when kids become adults.•

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  • Well written, begs more information
    I enjoyed this, but wonder about the recidivism data associated with the varying ways these cases are handled. I also suspect an astute lawyer for the defense might manipulate the state by encouraging a client to appear more juvenile and remorseful than recalcitrant and adult. Should law be so subjective?! We all know that gangs have used little children to run drugs and weapons, to commit murder, etc., since the child will not be prosecuted as an adult. Kids know they don't want to be murdered, so by default they know what they are doing is very serious and bad. At what age does that adult-line blur, especially given how fast kids grow up these days, with access to the internet, super-violent movies, and other media that potentially dull the emotional impact of their transgressions. Do the ages drop over time, as the times change? How young can a life sentence be applied? How have statistics shown the ages of these serious offenders to be trending over the past few decades?

    My take-away is that there is a judgement being made by the state on many cases as to whether a crime is prosecuted as juvenile or adult, and that many serious crimes still default to juvenile court. If my family member was a victim , I might not like hearing that the state opted for Juvenile court based on the idea that the assailant "might" be rehabilitate-able.

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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