Minors Tried As Adults

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This page is designed to help you better understand the basics of a minor being tried as an adult, when and in what situations a minor might be tried as an adult, what factors the courts typically look at in favor of or against deciding to try a minor as an adult, and how an attorney can help a minor who finds themselves in legal trouble or a minor who may potentially be tried as an adult.

As you will see the circumstances and consequences for a minor who is tried as an adult can be detrimental. A minor being tried as an adult is always a serious matter that can have lasting consequences on that individual’s reputation and life if they are not careful. A person should always be aware of the situation they are involved in and whether or not they should be doing what they are doing.

Note: Just as with any other legal situation, if a minor finds themselves in a situation where they may be tried as an adult, that minor and/or their legal guardian should not hesitate to contact an attorney. It is a smart tactical move and can prevent a person from incriminating themselves or possibly getting themselves into even more trouble. This page details the specifics regarding the law of minors being tried as adults in the state of Ohio, and can vary from state-to-state. This article and its contents are merely for informative purposes and should not be construed as legal advice. For accurate and up-to-date legal advice, an individual should contact an attorney or legal professional.

When Can A Minor Be Tried As An Adult?

Transferring a minor from juvenile court to an adult court is covered under § 2152.12 of the Ohio Revised Code. There are many possible outcomes that can result in a situation where a court is considering to try a minor as an adult, but one of the first steps that the court takes in making their decision is to look at the specific crime the minor is being accused of.

Subsections (A) and (B) of the Ohio Revised Code § 2152.12 cover the necessary requirements that must be met before a court can consider transferring a minor’s case out of juvenile court and into an adult court.

Subsections (A) states:

“(A)

(1)

(a) After a complaint has been filed alleging that a child is a delinquent child for committing an act that would be aggravated murder, murder, attempted aggravated murder, or attempted murder if committed by an adult, the juvenile court at a hearing shall transfer the case if either of the following applies:

(i) The child was sixteen or seventeen years of age at the time of the act charged and there is probable cause to believe that the child committed the act charged.

(ii) The child was fourteen or fifteen years of age at the time of the act charged, section 2152.10 of the Revised Code provides that the child is eligible for mandatory transfer, and there is probable cause to believe that the child committed the act charged.

(b) After a complaint has been filed alleging that a child is a delinquent child by reason of committing a category two offense, the juvenile court at a hearing shall transfer the case if the child was sixteen or seventeen years of age at the time of the act charged and either of the following applies:

(i) Division (A)(2)(a) of section 2152.10 of the Revised Code requires the mandatory transfer of the case, and there is probable cause to believe that the child committed the act charged.

(ii) Division (A)(2)(b) of section 2152.10 of the Revised Code requires the mandatory transfer of the case, and there is probable cause to believe that the child committed the act charged.

. . .”

Breaking It Down: Subsection (A) covers the first of two major categories where a minor may be tried as an adult. In Subsection (A) a minor can be tried as an adult in situations where murder or attempted murder in involved, and/or when a minor has been charged with a category two offense (Note: Category Two Offenses can be found in Subsection (CC) of Ohio Revised Code § 2152.02). Whether murder or a category two offense, the primary requirements are that the minor was 16 or 17 at the time the crime was committed and there is probable cause that the minor committed the crime.

Subsection (B) states:

“ (B) Except as provided in division (A) of this section, after a complaint has been filed alleging that a child is a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court at a hearing may transfer the case if the court finds all of the following:

(1) The child was fourteen years of age or older at the time of the act charged.

(2) There is probable cause to believe that the child committed the act charged.

(3) The child is not amenable to care or rehabilitation within the juvenile system, and the safety of the community may require that the child be subject to adult sanctions. In making its decision under this division, the court shall consider whether the applicable factors under division (D) of this section indicating that the case should be transferred outweigh the applicable factors under division (E) of this section indicating that the case should not be transferred. The record shall indicate the specific factors that were applicable and that the court weighed.”

Breaking It Down: Subsection (B) covers the second of two major categories where a minor may be tried as an adult. Subsection (B) comes with its own set of requirements which are covered further down in this webpage. In Subsection (B) a minor can be tried as an adult in situations where the minor commits a crime that would be a felony if committed by an adult. The two major requirements to satisfy a transfer under Subsection (B) is that the minor was at least 14 years old and there is probable cause that the minor committed the crime.

Note: While there are only two major categories listed above, Subsection (A) provides for a couple other instances where a minor can be tried as an adult.

What Factors Does The Court Consider?

Note: Everything included in this section is only relevant in a situation where a court is considering trying a minor as an adult who qualifies under Subsection (B) of Ohio Revised Code § 2152.12. If a minor qualifies to be tried as an adult under Subsection (A), the court is not required to consider the factors covered in Subsections (C)-(E).

Subsection (C) of Ohio Revised Code § 2152.12 provides a general outline of what a court must do before deciding whether or not to transfer a minor’s case.

Subsection (C) states:

“(C) Before considering a transfer under division (B) of this section, the juvenile court shall order an investigation into the child’s social history, education, family situation, and any other factor bearing on whether the child is amenable to juvenile rehabilitation, including a mental examination of the child by a public or private agency or a person qualified to make the examination. The investigation shall be completed and a report on the investigation shall be submitted to the court as soon as possible but not more than forty-five calendar days after the court orders the investigation. The court may grant one or more extensions for a reasonable length of time. The child may waive the examination required by this division if the court finds that the waiver is competently and intelligently made. Refusal to submit to a mental examination by the child constitutes a waiver of the examination.”

Breaking It Down: Simply put, if a minor qualifies to be potentially tried as an adult under Subsection (B), the court must order an investigation and the report must be submitted to the court within 45 days. This investigation includes a mental examination of the minor. The minor may waive the required mental examination if the court believes that it was competently and intelligently done. Refusing the mental examination is considered a waiver.

Besides ordering an investigation, there are many factors that a court looks at when it is determining whether or not to try a minor as an adult in a court of law. In the state of Ohio, there are two lists of factors that a court looks at in deciding whether or not to transfer a minor’s case and have them tried as an adult.

In Favor Of Transferring

The list of factors a court looks at when they are in favor of transferring a minor’s case out of juvenile court and into adult court is covered under Subsection (D) of Ohio Revised Code § 2152.12.

Subsection (D) states:

“(D) In considering whether to transfer a child under division (B) of this section, the juvenile court shall consider the following relevant factors, and any other relevant factors, in favor of a transfer under that division:

(1) The victim of the act charged suffered physical or psychological harm, or serious economic harm, as a result of the alleged act.

(2) The physical or psychological harm suffered by the victim due to the alleged act of the child was exacerbated because of the physical or psychological vulnerability or the age of the victim.

(3) The child’s relationship with the victim facilitated the act charged.

(4) The child allegedly committed the act charged for hire or as a part of a gang or other organized criminal activity.

(5) The child had a firearm on or about the child’s person or under the child’s control at the time of the act charged, the act charged is not a violation of section 2923.12 of the Revised Code, and the child, during the commission of the act charged, allegedly used or displayed the firearm, brandished the firearm, or indicated that the child possessed a firearm.

(6) At the time of the act charged, the child was awaiting adjudication or disposition as a delinquent child, was under a community control sanction, or was on parole for a prior delinquent child adjudication or conviction.

(7) The results of any previous juvenile sanctions and programs indicate that rehabilitation of the child will not occur in the juvenile system.

(8) The child is emotionally, physically, or psychologically mature enough for the transfer.

(9) There is not sufficient time to rehabilitate the child within the juvenile system.”

Breaking It Down: These factors are required to be considered if a minor qualifies to be tried as an adult under Subsection (B). The majority of the factors a court looks at in favor of a transfer of a minor to an adult court centers around the relationship between the minor and the victim in the crime, as well as the details of the crime itself performed by the minor.

Against Transferring

On the other hand, the list of factors a court looks at when they are against transferring a minor’s case out of juvenile court and into adult court is covered under Subsection (E) of ORC § 2152.12.

Subsection (E) states:

“(E) In considering whether to transfer a child under division (B) of this section, the juvenile court shall consider the following relevant factors, and any other relevant factors, against a transfer under that division:

(1) The victim induced or facilitated the act charged.

(2) The child acted under provocation in allegedly committing the act charged.

(3) The child was not the principal actor in the act charged, or, at the time of the act charged, the child was under the negative influence or coercion of another person.

(4) The child did not cause physical harm to any person or property, or have reasonable cause to believe that harm of that nature would occur, in allegedly committing the act charged.

(5) The child previously has not been adjudicated a delinquent child.

(6) The child is not emotionally, physically, or psychologically mature enough for the transfer.

(7) The child has a mental illness or is a mentally retarded person.

(8) There is sufficient time to rehabilitate the child within the juvenile system and the level of security available in the juvenile system provides a reasonable assurance of public safety.”

Breaking It Down: These factors are required to be considered if a minor qualifies to be tried as an adult under Subsection (B). The majority of the factors a court looks at against transferring a minor to an adult court centers around the minor’s background and previous charges as well as the reasoning behind the minor committing the crime or felony.