| Juveniles Tried as Adults |
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| Q: |
How do concurrent jurisdiction (prosecutorial discretion) provisions vary by state? |
| A: |
Concurrent jurisdiction provisions vary considerably with respect to minimum age and offense criteria. |
Concurrent jurisdiction offense and minimum age criteria, 2009
| State |
Minimum age for concurrent jurisdiction |
Concurrent jurisdiction offense and minimum age criteria |
| Any criminal offense |
Certain felonies |
Capital crimes |
Murder |
Certain person offenses |
Certain property offenses |
Certain drug offenses |
Certain weapon offenses |
|
| Arizona |
14 |
|
14 |
|
|
|
|
|
|
| Arkansas |
14 |
|
16 |
14 |
14 |
14 |
|
|
|
| California |
14 |
|
14 |
14 |
14 |
14 |
14 |
14 |
|
|
| Colorado |
14 |
|
14 |
|
14 |
14 |
14 |
|
|
| District of Columbia |
16 |
|
|
|
16 |
16 |
16 |
|
|
| Florida |
NS |
16 |
16 |
NS |
14 |
14 |
14 |
|
14 |
|
| Georgia |
NS |
|
|
NS |
|
|
|
|
|
| Louisiana |
15 |
|
|
|
15 |
15 |
15 |
15 |
|
| Michigan |
14 |
|
14 |
|
14 |
14 |
14 |
14 |
|
|
| Montana |
12 |
|
|
|
12 |
12 |
16 |
16 |
16 |
| Nebraska |
NS |
16 |
NS |
|
|
|
|
|
|
| Oklahoma |
15 |
|
16 |
|
15 |
15 |
15 |
16 |
15 |
|
| Vermont |
16 |
16 |
|
|
|
|
|
|
|
| Virginia |
14 |
|
|
|
14 |
14 |
|
|
|
| Wyoming |
13 |
|
14 |
|
14 |
14 |
14 |
|
|
|
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Note: Ages in the minimum age column may not apply to all offense restrictions, but represent the youngest possible age at which a juvenile may be judicially waived to criminal court. "NS" indicates that no minimum age is specified.
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[ Excel file ]
- All States have provisions for trying certain juveniles as adults in criminal court. This is known as transfer to criminal court. There are three basic transfer mechanisms: judicial waiver, statutory exclusion, and concurrent jurisdiction.
- As of the end of the 2009 legislative session, 14 states and the District of Columbia had concurrent jurisdiction provisions, which give both juvenile and criminal court original jurisdiction in certain cases. Under such provisions, prosecutors have discretion to file eligible cases in either court.
- Often, concurrent jurisdiction is limited to cases involving violent or repeat crimes or offenses involving firearms or other weapons. (Juvenile and criminal courts often share jurisdiction over minor offenses such as traffic, watercraft, or local ordinance violations as well as serious offenses in States where they are not excluded from juvenile court jurisdiction by statute.)
- State appellate courts have taken the view that prosecutor discretion is equivalent to the routine charging decisions made in criminal cases. Thus, prosecutorial transfer is considered an "executive function," which is not subject to judicial review and is not required to meet the due process standards established by the U.S. Supreme Court in Kent v. United States (383 U.S. 541, 86 S.Ct. 1045 (1966)).
Internet citation: OJJDP Statistical Briefing Book. Online. Available: http://www.ojjdp.gov/ojstatbb/structure_process/qa04111.asp?qaDate=2009.
Released on April 22, 2011.
Material originally compiled by P. Griffin for the National Center for Juvenile Justice's State Juvenile Justice Profiles website.
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