In South Dakota, the legal system acknowledges the difference between juveniles and adults, especially regarding the potential for rehabilitation. However, in some cases, juveniles are treated like adults in court. This is different in every state, and it is vital to understand how it works in South Dakota.
Severity of the offense
The severity of the offense is the most critical factor in determining whether a juvenile is tried as an adult. For example, crimes such as murder, aggravated assault or sexual offenses may lead to a juvenile automatically being prosecuted as an adult, depending on the juvenile’s age.
The juvenile’s age
Minors aged 16 and over who are charged with certain felonies can be prosecuted as adults. In addition, the court considers whether the juvenile has committed crimes before. If they have a record and threaten society, the court may try them as adults.
Specific circumstances
As stated above, juveniles who commit severe crimes involving extreme violence or premeditation are more likely to be prosecuted as adults. Courts will also inquire whether the individual acted with malice and intent during the commission of the crime.
In South Dakota, some rules dictate how juveniles are treated in court, whether they are prosecuted as adults or treated as minors. The court, especially the judge, has an essential role in making this determination, and their discretion is critical in this process.