When is it acceptable to start trying adolescents as adults? Is it when they become a certain age, or does it depend on the crime committed? The traditional rule is that anyone under the age of 18 is a juvenile and will be tried in the juvenile court system. However, in certain circumstances, almost every state now allows for youths below the age of 18 to be tried as adults. Although a minor tried as an adult will face harsher penalties if convicted, the minor will also have access to the same constitutional rights that an adult would have, rights which are restricted in juvenile court. The most important right and the main reason a criminal defense attorney would want the trial in adult court is to have the right to a jury trial. Having a jury trial hear a case is extremely important, as a jury can be more sympathetic to the minor than any judge would be.

The case of Morgan Geyser and Anissa Weier is a prime example of an adolescent being charged as adults. The two girls who were 12 at the time, are now being tried as adults for stabbing their fellow classmate, Payton Leutner, 19 times as a sacrifice to the mythical creature Slender Man. The two asked Payton to a birthday sleepover and planed to duct tape her mouth and stab her in her throat. The plan was delayed as one of the girls wanted to give Payton one last day alive. The next morning the girls convinced Payton to play hide and seek in the nearby park. They then proceeded to stab Payton 19 times and left her to die. Miraculously, Payton was able to crawl out of the woods and was then spotted by a cyclist passing by. The girls are not only being tried as adults, but also have a chance of a sentence of 65 years to life.

However, one of the biggest problems of a young offender being tried as an adult is the fact that they could possibly be sent to an adult correctional facility. Many of these juveniles lack the maturity to handle situations such as adult prison. 75 percent of all juvenile offenders are boys between the ages of 14 and 17. Ever since more states have begun trying juveniles as adults in certain situations, the crime rate among juveniles has dropped significantly. Experts agree that adult prosecution is often the wrong response to juvenile delinquency. Research consistently demonstrates that prosecuting children as adults increases the likelihood that they will end up behind bars again. As a general matter, juvenile transfer also unjustly treats a child as a formed adult when science knows that younger brains and their decision making abilities are still being developed.

Whether or not a juvenile should be tried as an adult seems to be an ongoing debate which ultimately is decided by the crime committed.