Why Should Juveniles Be Tried as Adults in Georgia?

In Georgia, the criminal justice system can be confusing and daunting, especially when it comes to children or juveniles who are facing charges. When an underage individual faces criminal charges, their entire future is on the line, and it is vital that an attorney is hired to defend these individuals against the charges they have been accused of. For children and parents alike, it is important to answer the question, why should juveniles be tried as adults in Georgia?

Understanding why and when a juvenile might face being tried as an adult for criminal charges is important and crucial for how to go about implementing a defense strategy. Trying juveniles as adults stems from a desire to deter youth from committing criminal acts, yet many individuals wonder why children need to face superior court when they are, in fact, minors. There are many factors that play into these decisions, and we hope to offer clarity at Jarrett Maillet J.D., P.C.

Why Are Juveniles Charged as Adults in Certain Cases in Georgia?

According to a report from August of 2024 by The Sentencing Project, 11% of Georgia residents who have been given life sentences were under the age of 18 at the time of the alleged criminal act. This ranks Georgia third in the nation when it comes to the number of young individuals serving life with parole or virtual life sentences.

Many individuals, including charged juveniles and their parents, may wonder why this happens and why these individuals can be charged as adults. There are many reasons why this might occur, including:

• Seriousness of the crime. Quite possibly, the main factor when it comes to deciding whether a juvenile individual should be charged as an adult or not is the seriousness of the offense they have been accused of committing. In cases of crimes like rape, murder, or armed robbery, the argument for seeking adult charges can be more easily won, no matter the age of the offender, as the prosecution will try to seek harsher penalties.
• Age of the alleged offender. In Georgia, lawmakers in the State House recently voted to raise the age limit to 17 years old for prosecuting minor defendants in juvenile court. Currently, Georgia is one of three states that allows 17-year-old individuals to be routinely charged as adults. However, this change does not apply in cases of violent felonies like rape, armed robbery, or murder.
• Having a criminal history. Another factor taken into consideration when determining whether to try a juvenile as an adult is whether the individual charged has a prior criminal history. If the juvenile has a pattern of criminal behavior, it is more likely that they could find themselves facing adult charges and stricter consequences.
• Concerns for public safety. In cases where it is deemed that the public might be at risk in terms of safety or there is evidence that shows that the juvenile individual may pose a threat to society, the prosecution attached to the case may decide to press for adult charges. For law enforcement officials, judges, and prosecutors alike, protecting the community from what they deem to be a danger is their top priority.
• Other mitigating factors. In certain cases, there may be other mitigating factors involved that can prevent the juvenile from being charged as an adult, even if they meet the requirements for adult charges. These factors can include developmental disabilities, mental health struggles, or other circumstances that may help mitigate their guilt in a committed offense.

Common Charges for Prosecuting Juveniles as Adults

In Georgia, a juvenile could face adult charges and adult court for the following offenses:

• Murder. This charge can arise when a juvenile individual has allegedly caused the death of another individual with malice aforethought, either implied or expressed.
• Rape. This charge can arise when a male juvenile has “carnal knowledge” of a female or penetrates a female’s sex organs with his own sex organs. A successful adult conviction could carry a prison sentence of up to 25 years.
• Voluntary manslaughter. This charge can arise when a juvenile individual causes the death of another person under circumstances that might otherwise be murder and if the act is done because of sudden, irresistible, or violent passion resulting from provocation.
• Aggravated child molestation. This charge can arise when a juvenile individual commits a sexual or indecent act to or in front of an individual under the age of 16 and, in doing so, either commits an act of sodomy or injures the victim.
• Armed robbery with a firearm. This charge can arise when a juvenile individual takes property belonging to another with the use of a dangerous weapon or a device that appears to be a dangerous weapon and does so with intent.

FAQs

Q: What Are the Arguments in Favor of Juveniles Being Tried as Adults?

A: There are many arguments that stand in favor of having juveniles become tried as adults, including the fact that being tried as an adult would allow the minor individual the opportunity to undergo a trial by jury, that an adult sentence can be a huge deterrent for serious crimes, and the idea that adult penalties can give the justice system more time to fully investigate the case.

Q: What Are the Arguments Against Juveniles Being Tried as Adults?

A: There are some individuals and organizations who stand in opposition to having juvenileuveniles tried as adults. Their arguments include the idea that the juvenile court system was specifically created for minor individuals who commit crimes and is, therefore, appropriate for these cases. Minors might have to be placed in prison with adults if successfully convicted, which could put them at risk, and a conviction could hurt their adult criminal records.

Q: What Are the Rights of Juveniles Accused of a Crime?

A: In Georgia, a juvenile individual who has allegedly committed a crime has the same rights as an adult. This can include the right to retain legal counsel who can support them and help them navigate the process of the criminal justice system. It also includes the right to remain silent when being interviewed by law enforcement agents.

Q: Does Brain Development Play Into Juvenile Charges?

A: One of the main arguments against having juveniles face adult charges in Georgia is that their brains are not as fully developed as their adult counterparts, which could lead them to make rash decisions and commit crimes more easily. However, supporters of adult charges for juveniles claim that regardless of their age, they should be taking responsibility for their actions and behavior.

Speak With a Georgia Criminal Defense Lawyer Today

If you are a juvenile or the parent of a juvenile individual who is facing adult charges in Georgia, you need to contact a criminal defense attorney immediately. Your child’s future is on the line. Contact the law offices of Jarrett Maillet J.D., P.C. today to schedule your initial consultation with our team, and let us defend your loved one from the severity of superior court.