What is the process for determining if a juvenile should be tried as an adult?

In Washington, determining if a juvenile should be tried as an adult is a very complicated process. Firstly, the prosecution must make the decision to charge the juvenile as an adult. This means the prosecution has decided that the juvenile’s crime is serious enough to justify an adult criminal charge. Once that decision has been made, the court will hold a hearing to decide if the juvenile should be tried as an adult, known as the "reverse waiver hearing." At this hearing, prosecutors and defense attorneys present evidence to the court, such as the nature of the offense and the juvenile’s past criminal history. In addition, the court will consider factors such as the juvenile’s level of maturity and age. The court must then decide if trying the juvenile as an adult is in the best interest of the juvenile and the public. The burden of proof lies with the state to prove that the juvenile is not amenable to juvenile court and there is a need for public protection that cannot be met in juvenile court. If the court determines that the juvenile should be tried as an adult, the juvenile will be held accountable in adult court. The juvenile may receive an adult sentence, which is often more severe than in a juvenile court. In some cases, juveniles may also be housed in adult facilities and may not have access to the same programs and services as in a juvenile justice facility.

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What is the process for determining if a juvenile should be tried as an adult?

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