9. what is the difference between adult trials and juvenile trials when it comes to a jury?

Wisconsin Laws and Policies for Juvenile Offenders Charged As Adults

Being arrested and charged with a crime is a serious affair for any person; however criminal charges are peculiarly apropos for juvenile and young offenders and their families. Wisconsin'southward juvenile justice arrangement is complex. Therefore, it is of import to understand the consequences that minors may face, especially if the charges are serious enough for the juvenile to be charged equally an adult and what defence options be.

Wisconsin Laws and Policies

Prior to 1996, all juvenile courtroom cases were handled pursuant to the provisions of Chap. 48, Wis. Stats. Since that fourth dimension, juvenile delinquency cases are handled under Chap. 938, Wis. Stats. and Child in Need of Protection and Services (CHIPS) cases under Chap. 48. The so-chosen "reforms" enacted in 1996 harshly criminalized Wisconsin juvenile law, e.g., carved out an historic period group of children (17 twelvemonth olds), who are now e'er prosecuted and punished every bit adults, lowered the malversation age to 10 years old, and immune for automated waiver of children to adult court depending on the blazon of felonies they are charged with. Most children 10 years and older who face charges of violating the criminal law will exist tried in juvenile court if they are under the age of 17. However, there are a number of situations in which a minor may be charged equally an developed. These include:

• Waiver of juveniles 14 and older – the District Chaser can petition the juvenile court to waive its jurisdiction and have the kid tried in adult court. Waivers are available in the following circumstances:

• A juvenile who is at least 14 years quondam alleged to take committed felony murder, reckless homicide, sexual assault, hostage taking, kidnapping, armed robbery, aggravated break-in, manufacturing or distribution of a controlled substance, or participation in gang activity.

• Under Chap. 938, numerous offenses are subject to original developed court supervision. Some of the types of crimes this includes are:

• Juveniles who are at to the lowest degree 10 years old who take allegedly attempted or committed first or second degree murder or reckless homicide.

• Juveniles who have allegedly committed assault or battery while incarcerated in a juvenile correctional facility or residential center.

• Juveniles who have previously been adjudged delinquent.

Penalties faced by juvenile offenders depend on the circumstances of the case, the historic period of the minor, whether they are adjudicated in the juvenile system or every bit an adult. Juveniles under the age of 15 who are tried as adults may be held in secure custody in a juvenile detention facility or the juvenile department of a county jail. Juveniles between the ages of 15 and 17 may face the same consequences as adult offenders, or their example may be handled by the serious juvenile offender program. After a juvenile offender reaches the age of 17, he or she may be placed in an adult state prison house.

Juvenile Justice Reform Efforts

Unfortunately for young people and their parents, Wisconsin is one of only ix states in the nation in which all 17 year-olds are automatically treated every bit adults in the criminal justice system. You're an adult for penalty purposes, but nothing else. This become-tough regime enacted in 1996 flies in the face of fairness, mutual sense, psychological and sociological studies, and the reality recognized by the majority of the United states of america Supreme Court in Roper v. Simmons, 543 U.S. 551, 569 (2005).

[A]s any parent knows and as the scientific and sociological studies . . . tend to confirm, "[a] lack of maturity and an underdeveloped sense of responsibility are constitute in youth more often than in adults and are more understandable among the immature. These qualities often result in impetuous and ill-considered deportment and decisions." . . . ("Even the normal xvi–twelvemonth–old customarily lacks the maturity of an developed"). It has been noted that "adolescents are overrepresented statistically in virtually every category of reckless behavior." . . . In recognition of the comparative immaturity and irresponsibility of juveniles, almost every Land prohibits those nether xviii years of age from voting, serving on juries, or marrying without parental consent.

The State Bar of Wisconsin and one of the authors of this blog when he was on the Board of Governors vigorously pushed for enactment of the 2d Take a chance Human activity, which would have returned near 17 yr-olds to juvenile court jurisdiction. Despite bipartisan support for this existent reform to disengage the harmful aspect of the 1996 law, the bill did non become through the Wisconsin Legislature. Recently, the Legislature took some small-scale steps to accost changes to country's juvenile detention system due to reports of inmate corruption and unsafe conditions at the state'due south but juvenile corrections facility. A neb was passed that will place serious juvenile offenders in a new juvenile prison that will be overseen by the state Section of Corrections. Juveniles who are charged with less serious offenses will be placed in secure residential care facilities, which are intended to allow offenders to remain closer to their homes and provide them with the resources and stability they need. Much more needs to exist washed to protect the best interests of Wisconsin children.

Contact a Milwaukee, WI Criminal Defense Lawyer

If your child is facing juvenile or criminal charges that may result in him or her being waived to adult court or tried as an adult, the experienced attorneys at Gimbel, Reilly, Guerin & Brown LLP can help you lot understand and protect your child'due south rights and the best options for defense. Contact our Milwaukee juvenile justice attorneys at 414-271-1440.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/938

http://www.wccf.org/second-chance-pecker/

https://www.law.cornell.edu/supct/html/03-633.ZS.html

https://host.madison.com/ct/news/local/govt-and-politics/election-matters/wisconsin-assembly-sends-juvenile-justice-overhaul-child-revenue enhancement-credit-bills/article_7db73f9e-8126-5131-906e-6f03b2099bf2.html

P. Marcotte, "Criminal Kids," 76 ABA Journal 61 (April 1990)

W. Ayers, "The Criminalization of Youth," 12 Rethinking Schools, No. 2 (Winter 1997)

D. Bishop, "Juvenile Justice Nether Assail," 10 Fla. J. Law & Pub. Policy 129 (1998)

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Source: https://www.grgblaw.com/wisconsin-trial-lawyers/wisconsin-laws-and-policies-for-juvenile-offenders-charged-as-adults

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