TL;DR: What to Know If a Juvenile is Arrested for Murder in New Jersey
- Can Minors Be Tried as Adults? Yes. While New Jersey’s juvenile system generally focuses on rehabilitation and privacy, a juvenile can be tried as an adult for murder. This transfer process is legally known as a juvenile waiver.
- What Are the Criteria for a Waiver? For a minor to face charges in adult criminal court, they must be at least 15 years old at the time of the offense, the County Prosecutor must formally file a motion, and a judge must find probable cause during a formal waiver hearing.
- What Are the Consequences? If a waiver is granted, all court protections disappear. The trial becomes open to the public, records are not sealed, and a conviction carries a mandatory minimum sentence of 30 years to life in prison without the possibility of parole.
- What Should You Do? A murder accusation puts a child’s entire future at stake. Immediate representation by an experienced New Jersey juvenile defense lawyer is essential to challenge the prosecutor’s waiver motion and keep the case in Family Court.
Can a Juvenile Be Charged with Murder as an Adult in New Jersey?
Yes, a juvenile can be charged and tried as an adult for murder in New Jersey. Under New Jersey state law, the legal process of moving a minor’s case out of the juvenile system and into the adult criminal justice system is known as a waiver or a juvenile waiver.
For a New Jersey court to approve a prosecutor’s motion to try a juvenile as an adult for murder, specific legal criteria must be met:
- Age Requirement: The juvenile must be at least 15 years old at the time the alleged murder occurred. Under New Jersey law, children under the age of 15 cannot be waived to adult criminal court.
- Prosecutor’s Motion: The local County Prosecutor’s Office must formally file a motion to waive the case from the Family Court (Juvenile Division) to the adult Law Division (Criminal Court).
- Judicial Hearing and Probable Cause: A judge must hold a formal waiver hearing. The court must find probable cause that the juvenile committed the crime of murder and evaluate statutory factors, including the nature of the offense and the juvenile’s role in it.
If the juvenile waiver is granted, the minor loses the protections of the juvenile system. They will face the exact same statutory prison sentences as an adult, their trial will be open to the public, and they will establish a permanent, public adult criminal record.
There are few things more terrifying for a parent than to know their child is in trouble. When your child has been accused of murder, though, the rest of their life may be at stake. In many places in the U.S., including New Jersey, juveniles can be charged as adults for murder. That means that if your child is convicted of murder or manslaughter, they could face anywhere from 30 years to life in prison.
Possible Charges and Typical Penalties
If a minor is charged with causing the death of another person, whether intentionally or not, they may be accused of criminal homicide, an umbrella term that refers to the killing of another individual. The specific circumstances surrounding the killing, including the nature of the death, the age of the victim, and the age and history of the defendant, will help determine whether the accused is charged with murder, manslaughter, or death by auto.
Criminal homicide may result in a juvenile being charged in adult criminal court if they are 16 or older, though most waivers to adult court occur with defendants aged 16 to 17. If the case is waived to adult court, the juvenile may be subject to the same charges and penalties as an adult defendant, including pretrial detention and sentencing to adult facilities.
When the accused is under the age of 15, their case is almost certain to be tried in juvenile court. In New Jersey, this typically falls under the jurisdiction of the family court system. The goal of juvenile court is always to rehabilitate the juvenile and restore them to their family and to the community whenever and wherever possible.
However, given the severity of the offense, a criminal homicide accusation will almost always involve detention, generally in a juvenile detention center, treatment facility, or residential program, depending on the nature and circumstances of the crime. For criminal homicide cases, the juvenile is likely to be charged with juvenile delinquency and to remain in star custody until they reach the age of majority (i.e. 18). The theory behind juvenile detention is to ensure that the minor remains in custody for as long as they may be deemed a danger to themselves or others.
A juvenile who is accused of criminal homicide and is over the age of 14 may well be tried in adult criminal court, where they will be subject to the same charging and sentencing standards as an adult defendant. Potential charges and penalties include:
Murder
A murder charge involves purposely or knowingly killing another person or intentionally causing great bodily harm such that the perpetrator can reasonably expect to cause the death of the individual.
A juvenile aged 15 and above may be convicted in adult criminal court and can be subject to a mandatory minimum sentence of 30 years in prison without the possibility of parole.
However, if the victim were younger than 14 years of age and had been subject to sexual assault, rape, or molestation by the perpetrator prior to the death, or if the victim were a police officer killed while in the discharge of their duties, then the perpetrator may be subject to life imprisonment without the possibility of parole.
Manslaughter
Aggravated or reckless manslaughter involves the unintended death of an individual brought on by conduct demonstrating a willful and wanton disregard for human life on the part of the offender. Conversely, voluntary manslaughter involves the purposeful killing of the victim in the “heat of passion,” brought on by circumstances so extreme the perpetrator acted before they had the time to “cool off” and formulate a rational, non-violent response.
Manslaughter generally involves reckless behavior that could reasonably be expected to result in the severe injury or death of another human being, even if the death is not the express intent of the perpetrator. This might include, for instance, the attempt to elude law enforcement.
Death by Auto
Typically, juveniles will not be charged with murder in a death by auto case, but they may be tried in Juvenile Court as a division of Family Court. If the juvenile is found to have a blood alcohol content (BAC) of .08% or higher, they will likely be charged in adult court, where the death by auto charge is likely to apply.
Additional Factors That May Affect Penalties
Although a juvenile aged 15 or above may be charged in adult court when reckless or intentional conduct results in the death of another human being, certain factors can affect both the criminal charges and the penalties they may face.
Age of the Defendant
A defendant’s age can be a significant mitigating factor in both charging and sentencing. New Jersey, for instance, holds that juveniles are often cognitively unable to accurately assess the potential consequences of their actions and therefore may be charged as adults in only the most serious of offenses.
Past Criminal History
If the defendant has no prior criminal history, and particularly no history of violent crime, charges and sentencing may be less severe than for a litigant with a significant record of past offenses.
Medical or Psychological Factors
If the juvenile has a medical or psychiatric disorder, such as an intellectual disability, mental illness, or behavioral disorder, then prosecutors or the judge may elect not to charge them as an adult. In such cases, the defendant may be tried in juvenile court and, if convicted, remanded to a treatment program until they are adjudicated not to be a danger to themselves or others.
Social and Contextual Factors
If there are mitigating factors that could reasonably be expected to negatively influence the juvenile’s ability to understand or control their behavior, judges or prosecutors may elect not to waive the case to the adult criminal court. If the case is moved to adult court, these mitigating factors may result in lesser charges or penalties.
Certain aggravating factors may increase the likelihood the case will be tried in adult court or that charging and sentencing standards will be more severe. One such aggravating factor would be a minor who is found to be strictly liable for a drug-induced death.
Minors Tried as Adults
A minor over the age of 14 may be tried as an adult when they are accused of causing the death of another person, depending on the severity of the offense. This may subject the defendant to murder or manslaughter charges. A murder conviction may result in 30 years to life imprisonment without the possibility of parole. A manslaughter conviction may result in up to 30 years of imprisonment and fines of up to $200,000.
The principal exceptions to this include the charge of death by auto, for which a minor generally cannot be tried as an adult. However, a minor accused of causing a drug-induced death may be tried as an adult.
Mandatory Minimums
A mandatory minimum is a sentencing standard that defines the minimum penalties a defendant is subjected to if found guilty, regardless of aggravating or mitigating factors. If a minor is tried as an adult in criminal court in New Jersey, a murder conviction will require a mandatory minimum sentence of 30 years in prison without the possibility of parole.
If the victim is a law enforcement officer killed in the line of duty, the mandatory minimum sentence is life without parole. Likewise, if the victim is under the age of 14 and has been sexually assaulted by the defendant prior to the victim’s death, then the defendant is also subject to a mandatory minimum of life without parole.
Life Without Parole
Life without parole is a mandatory minimum sentence that may be applied to especially serious or heinous crimes. If a minor is tried as an adult, they may be subjected to a mandatory minimum of life without parole depending.
The mandatory minimum of life without parole for juvenile offenders remains a source of intense controversy. In recent decades, state and federal courts have sought to restrict the application of life without parole to juvenile offenders.
In 2021, though, the Supreme Court in Jones v. Mississippi upheld the life without parole mandatory minimum for a defendant found guilty of a criminal homicide he committed when he was 15 years old. The ruling effectively limited recent efforts to repeal mandatory life sentences for juveniles convicted of murder or manslaughter.
Defense Options
If your child has been charged with murder, you should hire a skilled juvenile defense lawyer. Juvenile offenders who remain within the juvenile justice system are viewed by the courts as a distinct population from adult offenders, due principally to the minor’s limited capacity to assess or comprehend the consequences of their actions.
A defense attorney skilled in arguing murder charges may present a range of arguments to protect the minor’s rights and freedom, whether they are charged in juvenile or adult criminal court. In addition to the age of the defendant, the attorney may refer to medical and psychological conditions, social factors, the minor’s ties to and conduct within the community, and their past criminal history.
In addition, the attorney may suggest employing a self-defense argument. This applies to circumstances where the minor can be shown to have been in legitimate and reasonable fear for their life or the lives of others when the death of the victim occurred.
Confidentiality
If the minor remains within the juvenile court system, the proceedings will be conducted with the utmost confidentiality. Proceedings will be closed to all but those directly involved in the case. Likewise, records will be sealed and the defendant’s criminal history will be expunged once they reach the age of majority.
If the defendant is tried in adult criminal court, however, then the confidentiality standards and protocols of the adult court will apply, meaning that proceedings are likely to be included in the public record unless the judge rules that the records be sealed.
