What Does It Mean To Be Tried As An Adult

Overview

Being tried as an adult, often referred to as a ‘waiver’ or ‘transfer,’ occurs when a juvenile who has committed a crime is moved from the juvenile justice system to the adult criminal justice system. In most jurisdictions, the juvenile system is designed with a primary focus on rehabilitation and protection. In contrast, the adult system is focused on retribution, deterrence, and public safety. When a youth is tried as an adult, they face the same legal procedures, trial formats, and sentencing possibilities as an adult defendant, which may include long-term imprisonment in state or federal penitentiaries rather than juvenile detention centers.

History / Background

The concept of the juvenile court system emerged in the late 19th century, specifically with the establishment of the first juvenile court in Cook County, Illinois, in 1899. This movement was based on the philosophy that children are fundamentally different from adults and possess a greater capacity for change. However, during the latter half of the 20th century, particularly in the 1980s and 1990s, a perceived rise in violent youth crime led to a legislative shift. Many governments implemented ‘get tough’ policies, creating statutory mechanisms such as ‘automatic transfers’ for certain violent crimes, which reduced the discretion of judges and increased the number of minors processed through adult courts.

Importance and Impact

The transition to adult court has profound implications for the offender’s future. Sentencing in adult court is generally more severe, and the rehabilitative services available in juvenile facilities—such as specialized education and counseling—are often absent in adult prisons. Furthermore, a conviction in adult court typically results in a permanent criminal record, whereas juvenile adjudications are often sealed or expunged. Research into recidivism suggests that youth processed through the adult system may face higher rates of re-offending compared to those who remain in the juvenile system, partly due to the exposure to adult criminal populations and the lack of age-appropriate support.

Why It Matters

This legal mechanism is a focal point of ongoing debates regarding human rights, brain development, and judicial ethics. Modern neuroscience has provided evidence that the prefrontal cortex, responsible for impulse control and decision-making, is not fully developed until the mid-twenties. This has led to legal challenges and Supreme Court rulings in various jurisdictions that limit the use of life sentences without parole for juveniles. Understanding this process is critical for legal practitioners, policymakers, and the public to balance the need for accountability with the biological and psychological realities of adolescence.

Common Misconceptions