An "incorrigible" youth is one who is truant, runaway, refuses to obey a parent or guardian, violates curfew or smokes cigarettes. ARS § 8-201.
A "delinquent" youth is one who, if he/she was an adult, could be charged with any crime listed in Title 13 of the Arizona Revised Statutes. ARS § 8-201.
A youth, between ages 15 and 18, who commits murder in the first degree, murder in the second degree, forcible sexual assault, armed robbery, aggravated driving or any other violent offense SHALL be tried in adult criminal court. ARS § 13-501.
A youth, who is at least 14 years of age, and who has been convicted in the Juvenile Court of two prior felonies and then is arrested for another felony MAY be tried in the adult criminal court if the County Attorney believes it is necessary to protect the public. ARS § 13-501.
If the County Attorney wants to try any other juvenile in adult criminal court, a motion to transfer must be filed. A Juvenile Court judge must then make two determinations: (1) whether there is probable cause to proceed; and if so, (2) whether the juvenile should be transferred to the adult court to protect the community after a consideration of the seriousness of the alleged offense and the manner it was caused, whether a deadly weapon or dangerous instrument was used, whether it was a crime against property or person; whether anyone was injured as a result of the juvenile's actions, whether the juvenile was acting with or furtherance of a gang, the juvenile's sophistication and maturity, the juvenile's physical, mental and emotional condition, the juvenile's previous Juvenile Court history, if any, whether the juvenile had previously been committed to the Arizona Department of Juvenile Corrections and the prospects for adequate protection of the public and the likelihood of reasonable rehabilitation by the use of services and facilities of the Court. Rule 14, Rules of Procedure for the Juvenile Court.
This page was last updated on: