Can juveniles be tried as adults?

In Washington, juvenile law states that juveniles may be tried in criminal court as adults under certain circumstances. The prosecutor may choose to try a juvenile as an adult if the youth is 16 or 17 years of age and is charged with a serious crime like murder or rape. The juvenile court can also transfer a case to adult criminal court if the juvenile is at least 14 years old and the judge finds that the juvenile is “not amenable” to treatment and services available in juvenile court. In decided cases, the Washington Supreme Court has ruled that juveniles do not have an inherent or absolute right to remain in juvenile court and that a juvenile can be transferred to adult criminal court if the prosecutor petitions the juvenile court for a waiver. This decision is based on the seriousness of the offense, the age and criminal history of the juvenile, and the likelihood that the juvenile can be rehabilitated in either juvenile court or adult court. In other cases, juveniles who are charged with serious offenses in juvenile court may be subjected to extended jurisdiction juvenile (EJJ) sentences, which allow them to remain in the juvenile justice system until they are 21 years old. However, even after an EJJ sentence is imposed, the juvenile court can transfer a case to adult criminal court if it finds that the juvenile is not amenable to services and cannot be rehabilitated in juvenile court. In Washington, juveniles may be tried as adults under certain circumstances, but the state Supreme Court has established guidelines about when and how this can occur. Ultimately, the decision about whether a juvenile is tried as an adult rests with the prosecutor and the juvenile court.

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