When a child commits a serious crime, the justice system faces a tough question: Should they be treated like a juvenile who made a mistake — or like an adult who should be punished to the fullest extent of the law? In Ohio, the decision to try a juvenile as an adult isn’t taken lightly, but it happens more often than many people think.
Here’s how it works, when it’s used, and what both sides of the debate have to say.
The Basics: Juvenile vs. Adult Court
In Ohio, most minors accused of crimes are handled in the juvenile justice system. This system focuses on rehabilitation — helping young people get back on track. Juvenile court offers more privacy, less severe penalties, and access to services like counseling and education programs.
But when the charges are especially serious, prosecutors can seek to move the case to adult court. That process is known as “bindover.”
How Does Bindover Work in Ohio?
There are two main types of bindovers in Ohio: mandatory and discretionary.
- Mandatory Bindover
This is automatic. If a juvenile is at least 16 years old and is charged with certain violent crimes — like aggravated murder, murder, attempted murder, or rape — and they have a past record of serious offenses, the case must be sent to adult court.
Mandatory bindover can also apply if a 16- or 17-year-old uses a gun during the alleged crime, depending on the charge.
- Discretionary Bindover
This gives a judge more flexibility. If a juvenile is 14 or older, and is charged with a felony, a prosecutor can ask the court to consider trying the teen as an adult.
In this case, a judge holds a hearing to look at several factors:
- The seriousness of the offense
- Whether the juvenile has a prior record
- If the child has shown signs of being dangerous or beyond rehabilitation
- Whether the juvenile system has the resources to help
After considering these, the judge decides whether to transfer the case to adult court or keep it in the juvenile system.
What Kinds of Crimes Lead to Adult Charges?
Most juveniles who face adult charges in Ohio are accused of violent offenses such as:
- Homicide
- Armed robbery
- Rape or sexual assault
- Felonious assault
- Gun crimes
Occasionally, high-profile property crimes involving large-scale damage or repeated offenses can also result in a bindover request.
Arguments FOR Trying Juveniles as Adults
Supporters of bindover laws argue:
- Accountability: Some crimes are so severe that age shouldn’t shield someone from full responsibility.
- Public Safety: Keeping dangerous teens off the streets can protect communities.
- Justice for Victims: Families of victims may feel adult charges reflect the seriousness of what happened.
- Repeat Offenders: Some juveniles have lengthy criminal records and have not responded to rehabilitation attempts.
Arguments AGAINST Trying Juveniles as Adults
Critics raise several concerns:
- Brain Development: Science shows that teens’ brains are still developing, especially in areas related to impulse control and decision-making.
- Harsher Punishments: Adult prison can be dangerous for teens and may increase the chances of future criminal behavior.
- Less Focus on Rehabilitation: Juvenile courts are better equipped to help kids turn their lives around.
- Racial and Economic Disparities: Studies suggest Black and low-income youth are more likely to be transferred to adult court.
Recent Trends and Reforms
Across the country, including in Ohio, there’s a growing movement to re-evaluate the use of adult charges for juveniles. Some lawmakers and advocates are pushing for changes that would:
- Raise the minimum age for bindover
- Limit mandatory transfers
- Require more in-depth psychological evaluations
- Create options for reverse bindover (sending a case back to juvenile court if appropriate)
Conclusion: A Difficult Balance
The decision to try a juvenile as an adult involves serious consequences that can affect a young person for life. It’s a process meant for extreme cases, but it also opens the door to complex questions about justice, rehabilitation, and what we owe to both victims and the accused — especially when the accused is still a kid.
Ohio’s bindover system tries to balance these concerns, but it remains a controversial part of the legal landscape, where law, science, and emotion often collide.
