Should Juveniles Be Tried as Adults in Ohio?

Should the Ohio criminal justice system try juveniles as adults? This is a complex and contentious issue with significant implications for young offenders, their families, and society at large. This debate touches on fundamental questions of justice, rehabilitation, and criminal responsibility. As Ohio and other states wrestle with this challenging topic, it’s crucial to understand the nuances of juvenile law and the potential consequences of trying minors in adult courts.

Understanding Ohio’s Juvenile Justice System

In most cases, Ohio processes minors who commit criminal offenses through the juvenile justice system, which focuses on rehabilitation rather than punishment. This approach recognizes that young people’s brains are still developing, and they often lack the maturity and judgment of adults.

When Can Juveniles Be Tried as Adults in Ohio?

Despite the general preference for handling juvenile cases in specialized courts, Ohio law allows courts to try minors as adults under certain circumstances. This process, known as “binding over,” involves transferring cases from juvenile courts to adult criminal courts. Ohio has two main types of bind-over processes: mandatory and discretionary.

Mandatory

In certain situations, Ohio law requires juvenile court judges to transfer cases involving minors to adult court. Depending on the nature and severity of the alleged offense, this mandatory transfer can apply to children as young as 14. The most severe charges, such as homicide, automatically trigger a mandatory transfer to adult court.

Additionally, juvenile charges can lead to mandatory transfers if a minor has a history of serious delinquency findings (the juvenile equivalent of a guilty verdict) or placement in correctional facilities. Other offenses that can result in automatic transfer to adult court include sexual assault, aggravated robbery, and commit crimes involving firearms.

Discretionary

For less severe felony charges, prosecutors can request a discretionary transfer for juveniles 14 and older. In these cases, the juvenile court judge must conduct a comprehensive evaluation to determine if a transfer is appropriate. They will consider factors like:

• Whether the juvenile justice system can effectively rehabilitate the child
• Whether a transfer to adult court is necessary for community safety
• The child’s mental health status, educational background, family circumstances
• The minor’s potential for rehabilitation within the juvenile court system
• The impact on any victims
• The juvenile’s prior court involvement
• Whether the minor used a firearm in the alleged offense
• The time available for rehabilitation within the juvenile court’s jurisdiction

This thorough assessment determines whether the juvenile system can adequately address the young offender’s needs while ensuring public safety. Once an adult court convicts a child of a crime, the state will treat the minor as an adult from then on, which has significant implications for the child’s future. Children, however, are not eligible for the death penalty, regardless of the charge.

The Serious Youthful Offender (SYO) Designation in Ohio

Ohio’s juvenile justice system includes a unique provision known as the Serious Youthful Offender (SYO) designation. This approach allows for a more nuanced approach to juvenile cases involving serious offenses. It can affect children as young as ten who face convictions for felony-level crimes.

The SYO designation employs a “blended” sentencing strategy. This innovative approach combines elements of both juvenile and adult justice systems:

• Juvenile Component: The court imposes a juvenile disposition for the SYO case, which can include placement in a state youth correctional facility.
• Adult Component: Simultaneously, the court determines an appropriate adult sentence that it initially suspends or “stays.”

This structure allows juvenile offenders to begin rehabilitating within the juvenile system while their adult sentences remain in reserve. Furthermore, the suspended adult portion of the sentence can be activated under specific circumstances. For example, an adult sentence might apply if the SYO juvenile faces accusations for new offenses, engages in misconduct during their disposition, or poses a safety risk within a facility.

Arguments in Favor of Trying Juveniles as Adults

Proponents of trying juveniles as adults often cite the following arguments:

• Accountability: Some argue that serious crimes committed should warrant adult consequences and be held accountable, regardless of the offender’s age.
• Public Safety: Trying juveniles as adults can lead to longer sentences, keeping dangerous offenders off the streets.
• Deterrence: The threat of adult prosecution could discourage some minors from committing serious crimes.

Arguments Against Trying Juveniles as Adults

On the other hand, there are compelling reasons to keep juvenile cases in the juvenile justice system:

• Brain development: Scientific research shows that the adolescent brain is not fully developed, particularly in the areas responsible for decision-making and impulse control.
• Rehabilitation potential: Juvenile courts are better equipped to provide age-appropriate rehabilitation services, which can effectively reduce recidivism.
• Long-term consequences: An adult conviction can have severe, lifelong impacts on a young person’s future, including limitations on education and employment opportunities.

The Impact of Adult Trials on Juveniles

Research has shown that trying juveniles as adults can have significant negative consequences:

• Higher recidivism rates: Studies indicate that juveniles tried as adults are more likely to re-offend compared to those who remain in the juvenile system.
• Increased vulnerability: Youth in adult prisons are at higher risk of physical and sexual abuse, as well as suicide.
• Limited access to education and rehabilitation: Adult facilities often lack the specialized programs and services that juvenile facilities provide.

How Moermond & Mulligan, LLC Can Help

If your child is facing criminal charges in Ohio, experienced legal representation is crucial. At Moermond & Mulligan, LLC, our skilled attorneys understand the complexities of juvenile law and the potential consequences of adult prosecution in Ohio. We work tirelessly to protect our young clients’ rights and futures, exploring all possible options to keep their cases in juvenile court where they belong.

When you come to us for help with your child’s case, our team will:

• Thoroughly investigate the circumstances of the alleged offense
• Challenge any attempts to transfer the case to adult court
• Develop a strong defense strategy tailored to your child’s unique situation
• Advocate for rehabilitation-focused alternatives to incarceration
• Protect your child’s rights throughout the legal process

Don’t leave your child’s future to chance. Contact Moermond & Mulligan, LLC at (513) 421-9790 for a confidential consultation with one of our experienced Cincinnati juvenile defense attorneys. We’re here to fight for your child’s rights and work toward a favorable outcome for their case.

Related Posts:

What Is the Ohio Law on Recording Conversations in a Legal Case?

Can a Child Be Charged with Molestation of Another Child?

Is Nonconsensual Deepfake Pornography Illegal in Ohio?