Juveniles are generally processed through the juvenile justice system. This is because in many instances they do not have the capacity for the intent needed to be tried for adult crimes.
However, juveniles can be tried as adults in Louisiana for some crimes given the severity of the crime and impact on the community.
The National Juvenile Defense Center notes that in Louisiana, a juvenile can be tried as an adult if they have committed the following crimes:
- First-degree murder – This is a murder with premeditation
- Second-degree murder – Second-degree murder is killing without premeditation
- Aggravated kidnapping – Kidnapping with the threat or use of force generally
- Aggravated rape – Rape involving the use of force or deadly threat, sometimes with a weapon
In Louisiana, there is prosecutorial discretion to charge youths aged 15 or older for certain felonies. There is a mandatory waiver/statutory exclusion for youth aged 15 or older who are charged with murder, rape, or kidnapping.
This means that for some crimes, the prosecutor can decide whether to try the juvenile as an adult or in the juvenile justice system.
Meanwhile, for murder, rape, or kidnapping, the prosecutor has no choice but to try the juvenile as an adult if they are aged 15 or over. If a child is thirteen or younger, they will be tried in the juvenile courts.