Why he’s in adult court now
In Pennsylvania, homicide charges begin in adult criminal court automatically. The burden then shifts to the child’s defense attorney to request a decertification hearing — asking a judge to transfer the case back to juvenile court.
At that hearing, the defense must prove the child would benefit from rehabilitation in the juvenile system.
“(The attorney) has to demonstrate that that’s the right place for this kid, that they’ll benefit from the treatment and rehabilitation that is offered in the juvenile court system,” Riya Saha Shah, the CEO of the Juvenile Law Center, said. “And so the burden is really on the child.”
Two separate systems, two different philosophies
The juvenile legal system was created with a different purpose than the adult criminal system.
“The reason we have a juvenile legal system is because there was an understanding that children shouldn’t be tried in the adult criminal system, that it wasn’t the appropriate place for them,” Shah said.
Juvenile court was designed around rehabilitation. The adult system, by contrast, is built primarily around punishment and public safety.
“There’s a presumption that just because a person has been charged with homicide, they must require prosecution in the adult system,” Shah said. “And it fails to really think about the circumstances of their age, their social surroundings, their family history.”
The sentencing stakes are drastically different
