The general rule in Minnesota is that minors (individuals under the age of 18) charged with crimes fall under the jurisdiction of the juvenile court system. However, there are exceptions to this presumption where a juvenile may have their case “certified” to adult criminal court.
Why does it matter?
There are key differences between the juvenile and adult court systems in terms of rules, goals, and punishment that make certification such an important issue in cases involving a minor defendant. In contrast to adult courts, juvenile proceedings are not criminal proceedings designed to determine responsibility and punishment. Rather, juvenile proceedings are civil proceedings that are designed to protect the child, develop responsibility for the unlawful behavior, and rehabilitate him or her while also promoting public safety.
Therefore, if the juvenile court retains jurisdiction over the child, he or she is not subjected to a trial by jury. Rather, the judge alone determines if the child engaged in unlawful conduct. If so, the court may impose fines, probation, counseling, home detention, treatment, placement out of the home, loss of driver’s license, and restitution or community service. A child may only be placed in a state juvenile correctional facility if he or she is deemed a delinquent, someone under the age of 18 who committed an act that would be unlawful if it were committed by an adult. Generally, a minor under juvenile jurisdiction may not be detained in the same area as adult prisoners, and juvenile petty offenders may not be placed outside of the home.
When may a minor be certified into adult court?
Under Minnesota law, minors over 14 years of age who commit severe crimes or have a history of criminal activity may be sent to adult court. To certify these cases into adult court, a prosecutor must make a motion for certification and the juvenile court must find that the juvenile committed a felony that impacts public safety. When considering the certification, the judge considers the seriousness of the crime, the results of a comprehensive psychological evaluation, the level of the individual’s involvement, history of delinquency, the appropriateness of the punishment in the juvenile court system, and past cooperativeness in rehabilitation programming.
Additionally, in some instances, a minor’s case is sent to adult court because of specific legal presumptions. A child is subject to this presumption if:
- The child was 16 or 17 years old at the time of the felony offense; and
- The court finds probable cause to believe the child committed wither: (1) a felony offense that would result in a presumptive commitment to prison under the sentencing guidelines and applicable statutes (generally violent or other repeat serious offenses); or (2) any felony offense while using a firearm.
Alternatively, a minor may be sentenced as a “Extended Jurisdiction Juvenile”, meaning he or she has been given a stayed adult criminal sentence and for whom jurisdiction of the juvenile may continue until their 21st birthday. Such sentencing is considered a compromise between the two jurisdictions. Look out for another blog with more details on EJJ and its history in Minnesota!
If your child has found themselves in legal trouble, contact our team of experienced legal professionals at Brandt Kettwick Defense, and let us help you navigate these complexities and secure the best possible outcome for your child.