Nevada’s juvenile courts handle most criminal cases involving juvenile defendants. This usually includes charges like DUI, theft, assault, vandalism, breaking and entering, and many other misdemeanors. However, there are instances when the alleged crime is far too severe to be tried in juvenile courts; such cases would then be referred to a regular court for processing.
Yes, youth offenders can be eligible to face adult charges instead of merely being tried by juvenile judges, and can face criminal penalties like life with parole. Such instances often happen under extraordinary circumstances, and can put the juvenile defendant in a tougher legal quagmire than before. Let’s look at how juvenile defendants are tried as adults in Nevada.
The Requirements
There are several prerequisites that must be in place before a juvenile defendant becomes eligible to be tried in a higher court. For a general overview, however, either of the following is the most commonly cited requirement:
The child is either 13, 14, or 15, and is facing a murder or attempted murder charge. In this case, the court has discretion to certify the charge as an adult charge.
The minor is at least 14 and is charged with a felony. As with the previous instance, the judge has discretion to certify the charge for adult courts.
The minor is either 16 or 17, and is involved in a sexual assault or firearm case. Such incidents often lead to a mandatory certification, though the judge can choose not to under specific circumstances.
Note that clauses exist regarding the child’s mental/developmental competence to understand the charges they are faced with, may have a substance abuse problem, or is facing emotional distress throughout the trial period. Such circumstances can also affect whether or not a juvenile can be certified for an adult hearing.
Differentiating between Mandatory and Optional Certification
While the judge has the final say when certifying a juvenile defendant for adult criminal court, there are still provisions in place that determine how such certifications are carried out.
Mandatory Certification simply means that the charge must be certified for a criminal court. This means that, unless affected by special circumstances, the juvenile must be transferred to a criminal court to be tried.
Optional Certification means that the juvenile judge still has the choice to keep the charge within their jurisdiction. As long as the defense has the necessary documents and evidence, the judge can choose to deny certification as they see fit.
The Direct File Issue
One of the pertinent issues regarding juvenile justice in Nevada is the direct file clause. Under this clause, juvenile defendants facing certain felony charges are automatically tried as adults, without consulting with juvenile courts. The clause first came into effect during the 1990s as part of the strong anti-crime trend that swept the country. In retrospect, the clause instead led to the disproportionate increase of incarcerated black and brown youths.
Debates remain whether this legislation should be removed or amended. Reformists claims that the direct file clause is an archaic ruling and only affects poorer, non-white youths. Supporters counter that the clause helped streamline the handling of defendants. Time will tell whether the direct file clause will be repealed or amended.
Juvenile defendants must understand that they are liable to face an adult criminal charge if the circumstances are right. Knowing the requirements for a transfer to a higher court can help juvenile defendants better defend themselves and stay in juvenile court.