Miscellaneous

Growing Up Too Fast

By Anne Skove, Esq.

As a high school student, then ask a parent. You'll get wildly different answers to this question: is a 17-year-old an adult or a child?

Rhode Island courts are siding with the parents' view. State law there had treated 17-year-olds as adults, but now the court says they are juveniles.

The superior court ruled that the state law violated defendants' rights. The law was repealed, but the legislature made no retroactive changes.

So what happens to those charged as adults during the short lifespan of the law? Cases in which such a classification was made are being transferred to family court or dismissed. Dismissed cases may be refiled in family court.

The National Center for Juvenile Justice (NCJJ) claims that the U.S. "has 51 separate systems" of juvenile justice. NCJJ maintains an excellent FAQ about transfer to criminal court.

See Judge Rules to Dismiss Cases of 17-Year-Olds Seen as Adults, Katie Zezima, New York Times (February 8, 2008). See also RI Superior Court Decision Could Impact Barrington Case, Tom Killin Dalglish, East Bay RI (February 6, 2008).

Full post as published by court-o-rama.org on February 07, 2008 (boomark / email).