Arrest Sentence For Kid In Arizona
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The 1970 Supreme Court case, In re Winship, ruled on the standard of proof that applies in juvenile court cases. The case holding was that if a minor is charged with conduct that would be considered criminal if committed by an adult, the accused has the right to have their guilt proved beyond a reasonable doubt.
In 1970, the Supreme Court raised the standard of proof necessary in juvenile court to that required in adult criminal court. In in re Winship (397 U.S. 358), the Court required that juveniles charged with criminal acts be proved “beyond a reasonable doubt” to have committed them.
An incorrigible juvenile commits an offense that would not be considered a crime if he or she were an adult and are often referred to as status offenses. Typically, incorrigible juveniles are juveniles who are habitually truant from school, have run away from home, or violated curfew.
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.
In Arizona, a juvenile can be charged as an adult if they are accused of a serious crime. A serious crime is defined as a felony or a dangerous crime. A felony is a crime that is punishable by death or imprisonment in state prison.
Since 1970, the standard of proof in juvenile court is preponderance of the evidence. One of the differences between juvenile courts and adult courts is that juveniles are "adjudicated delinquent" instead of "found guilty."
Fortunately, Arizona's criminal code offers a break for first-time felony offenders that may significantly decrease prison time. In cases involving a class 6 felony, the judge may even be able to downgrade the offense to a class 1 misdemeanor, allowing the defendant to avoid prison altogether.
A.R.S. 13-702 outlines sentencing ranges and guidelines for first-time felony crimes which calls for a presumptive sentence unless aggravated or mitigating factors apply.
The length of felony probation in Arizona depends on the severity of the offense for which the offender was convicted. For example, probation for a Class 4 felony may last up to three years, while probation for a Class 2 felony may last up to seven years.
Minors who commit crimes are not exempt from the law. Children between the ages of 8 and 18 will be tried for their crimes in juvenile court. However, the consequences for juvenile convictions are different from those for adults in that they focus strongly on rehabilitation.
