In general, children are treated under the law differently from adults when charged with crimes. The criminal defense and punishment goals differ; not only do minors require more protection from others, but they also respond better to rehabilitative efforts. However, in some cases, children are tried as adults. 

Why Are Children Sometimes Tried as Adults?

Under some circumstances, prosecutors will opt to treat a minor defendant as an adult and request that the juvenile court judge "waive protection" and allow the proceedings to take place in criminal court. The judge must then hold a hearing to weigh the likelihood of juvenile rehabilitation. Waiver usually occurs when the crime is so egregious—usually murder or rape—that it warrants special punishment. Sometimes, this approach is taken when the child has been in trouble before or the prosecutor believes that the child understood the gravity of their actions. Also, if the juvenile defendant has been charged as an adult for a previous crime, they will be subsequently charged as an adult for other crimes, regardless of their criminal defense.

How Do Penalties Differ?

The only benefits of being tried as an adult are that the child gets the right to a jury trial—a right that children do not have—and that juries might be more sympathetic than a juvenile court judge to a minor defendant. However, penalties can be far harsher. Juvenile "delinquents" charged with a crime usually face incarceration in a juvenile hall until they reach a certain age. Those tried as an adult face actual prison time, including life sentences or the death penalty. Therefore, it’s almost always preferable for children to be tried as minors.

If you need an experienced criminal defense attorney to help your child, contact Coyne, Cundiff & Hillemann, P.C. in Lake St. Louis, MO. Their attorneys have racked up over 100 years’ worth of combined legal experience. In addition to criminal defense, they also practice workers' compensation and family law and can help you address DUI or DWI charges. Visit their website to learn more about their services, or call (636) 561-5599 to schedule a consultation.