Under New Jersey law, a child age 15 or older may be tried as an adult under certain circumstances. The state can seek a waiver to transfer a juvenile case to the adult criminal courts. This usually occurs only in serious or violent crimes, such as homicide, first-degree robbery, carjacking, sexual assault, aggravated assault, kidnapping, possession of firearms for unlawful purposes, or drug trafficking or production.
Courts must consider various factors in deciding to waive a juvenile to adult criminal court, including:
- The nature of their offense
- The juvenile’s age
- Degree of culpability
- Maturity
- Mental capacity
- History of delinquency
- The juvenile’s prior and potential response to rehabilitation
- The potential danger the juvenile poses to the public