When Are Juveniles Tried as Adults in Illinois?

In Illinois, prosecutors sometimes try juveniles as adults when they believe the sentencing options afforded by the juvenile system are too lenient for the crime. Under the current laws, prosecutors can charge children as young as 13 in adult court, depending on the crime committed and the child’s background.

If your child is facing a transfer to adult court, understanding the process and what this could mean for their future is essential. An Illinois criminal defense lawyer can explain what happens next.

Should Juveniles Be Tried as Adults?

According to current Illinois laws, there are certain circumstances in which prosecutors can and should try juveniles as adults. In most cases, to try a juvenile as an adult, the prosecutor must file a motion with the court to request the transfer to adult court. Circumstances in which this can happen include:

• If the juvenile is at least 13 years old and the court determines that it is in the public’s best interest for the trial to take place in adult rather than juvenile court
• If the juvenile is at least 15 years old and charged with certain Class X felonies
• If the juvenile is at least 15 years old and charged with certain gang-related felonies after having previously been adjudicated for a felony

Certain charges come with automatic transfers to adult court, depending on the age of the juvenile. These charges include:

• Escape of bail bond violations if the juvenile is at least 15 years old
• First-degree murder if the juvenile is at least 15 years old
• First-degree murder committed during a sexual assault or kidnapping if the juvenile is at least 13 years old
• Aggravated criminal sexual assault, armed robbery with a firearm, or carjacking with a firearm if the juvenile is at least 15 years old
• Specific controlled substance crimes committed on or near school property if the juvenile is at least 15 years old
• Specific weapon crimes committed on school property if the juvenile is at least 15 years old

Why Juveniles Should Not Be Tried as Adults

There are many reasons why juveniles should not be tried as adults. However, the two big ones are that adult prison isn’t designed for rehabilitation and can do more harm than good to children.

The purpose of juvenile court is to sentence minor offenders in a way that promotes rehabilitation. These sentences may involve community service, mandatory counseling, or imprisonment in designated facilities with programs to help troubled youth.

Adult court is about punishment, not rehabilitation. Some people believe that the more severe punishments handed out in adult court will act as a deterrent. However, studies have shown that this is not the case and that juveniles sentenced in adult court also tend to have higher recidivism rates.

Additionally, being sentenced to prison in adult court can have harmful physical, psychological, and emotional effects on juveniles. They may also have less access to mental health professionals than they would if imprisoned in the juvenile system.

Judge vs. Jury Trial

One big difference between juvenile and adult courts is who decides the trial. In a juvenile court, there is no jury. Instead, the judge determines the outcome of the case.

In some circumstances, a trial in adult court may be better for a juvenile if the jury is sympathetic because of their age. A jury may be less likely to convict a 13 or 14-year-old of certain crimes. However, the older the juvenile is, the less likely that will be.

However, the possibility of a sympathetic jury isn’t a good reason to accept a transfer to adult court. Convictions in adult court often come with steeper penalties than similar convictions in juvenile court. Also, mandatory minimum sentencing laws that apply to adult court could force the judge to apply a harsher penalty than they would have in juvenile court.

How a Criminal Defense Attorney Can Help

If your child is facing a transfer to adult court, you need an attorney who can fight for their rights. An attorney can assist you by:

• Making a case against the motion to transfer to adult court
• Gathering evidence supporting your child’s defense
• Filing motions with the court
• Representing your child at trial, whether in juvenile or adult court

Urbana, Illinois, Juvenile Defense Attorney

Was your child charged with a crime in Illinois? Are they facing a transfer to adult court? Call Bruno Law Offices at (217) 328-6000 or contact us online for a free consultation. One of our experienced juvenile defense attorneys will review your child’s case, explain their legal options, and answer your questions.