Who Decides to Try a Juvenile as an Adult?

When an adult commits a crime, their case goes through criminal court. A child who commits the same offense will have their case heard in juvenile court—usually. Every state allows certain juvenile cases to be heard in adult court, where juveniles face adult penalties.

Why Youth Can Be Treated as Adults in the U.S.

In the state court systems, two criminal courts exist–adult criminal courts and juvenile delinquency courts. Juvenile delinquency courts were created in the United States in the early 1900s based on the view that children who commit crimes are different from adults. Society views children as less blameworthy than adults and more capable of change and rehabilitation. In most states, anyone accused of committing a crime when they were younger than 18 is considered a juvenile.

In the 1980s and 1990s, juvenile crime rates increased and the term "superpredator" was coined. In response, many legislatures adopted a tough-on-crime approach that included creating mechanisms to transfer the "worst" juvenile offenders to adult court. (Before these transfer laws were adopted, juvenile court judges decided whether to transfer a child to adult court.) Kids moved to adult court face adult penalties, which can include prison time.

When Can a Child Face Charges in Adult Court?

Every state has "juvenile transfer laws," which allow or require a court to treat a juvenile younger than 18 like an adult. These transfer laws take two primary paths—starting either in juvenile court or directly in adult court. Transfer laws generally kick in based on the age, alleged offense, and prior record.

Transfer From Juvenile to Adult Court

Most states have laws that permit a juvenile court judge to transfer a juvenile to adult court. Essentially, the judge "waives" (gives up) their authority to hear the case in juvenile court. Some states refer to this process as "certification to adult court." Three main types of waivers exist among states.

Discretionary waiver. A discretionary waiver allows a prosecutor to ask the court to transfer the child to adult court. A judge making the decision might consider factors such as the seriousness of the offense, the child's best interests, and the interests of public safety. The defense can argue against the transfer.

Presumptive waiver. Presumptive waivers set conditions that will require a transfer to adult court unless the defense convinces the judge otherwise. These transfers don't generally require the prosecutor to make the request.

Mandatory or automatic waiver. A mandatory waiver requires a juvenile judge to waive jurisdiction over a child when certain conditions are met. In other words, the law automatically transfers a child based on their age, alleged offense, and prior record.

Juvenile Starts in Adult Court

States may also have laws that place juveniles in adult court from the very start. This typically happens in one of four ways.

Statutory exclusion. Many states have laws (statutes) excluding certain child offenders from juvenile court. For instance, children age 16 or 17 accused of committing first-degree murder or other violent crimes are commonly excluded from juvenile court.

Once an adult, always an adult. More than half of the states have laws that require a juvenile accused of a crime to face charges in adult court if they were previously treated as an adult and convicted.

Direct file. Although less common, a few states still have "direct file" laws that permit a prosecutor to file charges against a juvenile in adult court without the judge's permission, when certain conditions are met.

17-year-olds are adults. Four states set the maximum age for juvenile court at 16, rather than 17 or 18. In Georgia, Louisiana, Texas, and Wisconsin, 17-year-olds accused of crimes are always treated as adults.

Is There a Minimum Age for Transfer to Adult Court?

Many—but not all—states have a minimum transfer age. For those that do, the minimum age ranges from 10 to 16, with age 14 being the most common minimum transfer age. A few states use different ages based on the type of offense. For instance, a state might set the minimum transfer age at 15 for most felonies but lower the age to 13 for first-degree murder or rape charges.

In recent years, most juveniles transferred to adult court have been 16- and 17-year-olds. However, according to the Equal Justice Initiative, children as young as eight have been prosecuted as adults.

How Many Kids Are Tried As Adults Each Year?

No standard reporting exists that identifies the number of children tried as adults. Based on data that does exist, here's a snapshot of how many kids are potentially ending up in adult court.

• Judicial waivers. In 2021, 2,800 juvenile cases were waived to adult court. (That number decreased significantly from 2006 when it was at 6,500.)
• Statutory exclusions and direct files. Estimates from 2019 placed the number of juveniles who ended up in adult court due to statutory exclusions and direct files at approximately 8,900.
• States treating 16- and 17-year-olds as adults. In 2019, researchers estimated 40,800 juveniles landed in adult court based on age alone. Eight states, at that time, treated 16- and 17-year-olds as adults. In 2025, only four states still treat 17-year-olds as adults.

Overall, the number of juveniles ending up in adult court has been steadily declining since 2006. (For more juvenile court statistics, check out the National Center for Juvenile Justice, ncjj.org.)

What Are the Differences Between Juvenile and Adult Court?

Juvenile courts focus on rehabilitation over punishment. The proceedings are less formal than adult court, and juvenile judges tend to have more discretion in doling out punishments. A juvenile court judge isn't bound by mandatory sentencing laws or other enhancements that apply in adult court. The judge also retains jurisdiction over the parents or guardians of the juvenile. In juvenile court, out-of-home placement (the equivalent of incarceration) is usually an option of last resort.

In adult court, judges don't always have as much leeway in sentencing. State sentencing laws tend to be more prescriptive when it comes to alternatives such as diversion, probation, or other types of supervision. Some of the most serious offenses may have mandatory minimum prison sentences, and these are the types of offenses where a juvenile is most likely to end up in adult court. On the flip side, adult court comes with more constitutional protections than juvenile court.

Can Juveniles End Up in Adult Prisons?

Yes, juveniles convicted as adults receive adult sentences, and they can end up in adult lockups. States can hold juveniles tried as adults in juvenile detention facilities or adult jails or prisons. However, federal law requires all adult lockup facilities to house minors separately from adults. This requirement is commonly referred to as "sight and sound separation."

In 2022, over 400 youth were serving sentences in adult prisons and around 1,900 youth were being held in adult jails. Amazingly, these numbers are much lower than in the late 2000s when more than 10,000 youth were being held in adult lockups.

Even if a state doesn't house juveniles convicted as adults in adult lockups, juveniles who are serving long sentences will eventually age out and be transferred to adult prisons.

Famous Cases Where Youth Were Tried as Adults

Below are notable cases where youth were tried and convicted as adults.

The Central Park 5; Now The Exonerated 5

In 1989, five teenagers confessed to raping and beating a 28-year-old jogger and leaving her for dead in Central Park. Dubbed the "Central Park 5," these teens (ages 14 to 16) were tried as adults and convicted. They each spent six to 13 years in prison for attempted murder, rape, and assault convictions based partly on police-coerced confessions. Thirteen years later, the actual attacker and rapist confessed and DNA evidence confirmed the confession. The now "Exonerated 5" were awarded a $41 million settlement from New York City.

The Wisconsin Slender Man Case

In 2014, two 12-year-old Wisconsin girls lured a classmate into the woods and stabbed her 19 times, all to please a fictional character called the Slender Man. The victim amazingly survived. The two girls were tried as adults. Both girls pleaded and were found not guilty by reason of mental disease or defect. The judge ordered both girls committed to mental institutions.

Youngest Child Sentenced to Life Without Parole (JLWOP)

Juveniles can't be sentenced to death, but they can still receive life sentences, including life without the possibility of parole (called JLWOP).

In 2001, Lionel Tate, age 13, became the youngest person in modern history to receive a JLWOP sentence. A jury found Tate guilty of first-degree murder in the beating death of his 6-year-old cousin. Tate claimed he was imitating professional wrestling moves, while the prosecution introduced evidence showing the victim sustained injuries similar to those in a three-story fall. A judge later overturned Tate's murder conviction, but Tate ended up back in prison for another crime he committed one year later as an adult.

Youngest Child Executed Was 14

The youngest child executed for a crime was 14-year-old George Stinney Jr. in 1944. Police claimed Stinney (who was Black) confessed to killing two white girls. Stinney's lawyer failed to call any witnesses and had no experience defending capital cases. Stinney was convicted of capital murder and executed in the electric chair within three months of his conviction.

Seventy years later, Stinney's family asked a judge to overturn the verdict. The judge found that Stinney did not receive a fair trial or effective assistance of counsel, and vacated his conviction.

Should Juveniles Be Tried as Adults?

Whether juveniles should be treated as adults remains a hotly debated topic.

Juvenile courts were originally created because policymakers felt children who committed crimes were not as blameworthy as adults. Moreover, children held the potential for rehabilitation. Current scientific research backs up that original reasoning from more than a century ago, finding that the brain doesn't fully develop until age 25 or 26. During the teen years, parts of the brain that control decision-making skills and self-regulating abilities are still developing. This neurological development stage arguably makes teens more prone to criminal behavior, but also makes it more likely that they can change and adapt.

Proponents of treating juveniles as juveniles argue that transferring youth to the adult system does more harm than good. Instead of providing support systems and treatment to reverse a youth's course, the adult system exposes youth to more violence and abuse and fails to treat underlying issues like mental health. They argue for developmentally appropriate responses to juvenile crime. Without this, teens will (and do) regress in areas such as mental and behavioral health, education, and social skills.

But changing juvenile transfer laws has proven difficult. Lawmakers don't want to appear soft on crime and fear can easily drive criminal justice policy. That happened in Louisiana where efforts to "Raise the Age" of juvenile jurisdiction were successful and then quickly reversed upon a change in administration.

Seeking Help From a Lawyer

Children have a right to counsel just like adults. Anyone facing delinquency charges should talk to a criminal defense lawyer or ask for a public defender. It's even more important to get legal help quickly if there's a possibility of being transferred or tried in adult court.