What is a mandatory waiver to adult court for juveniles over 10 years old?

A mandatory waiver to adult court for juveniles over 10 years old refers to certain serious offenses that, due to their nature, require that a juvenile be tried in the adult criminal system rather than the juvenile system. In Indiana, these offenses include violent crimes like murder.

When a juvenile is charged with murder, the law dictates that they be automatically transferred to adult court without the option for a hearing to argue for the case to remain in the juvenile system. This is based on the belief that the severity of the crime warrants a response in line with adult penalties and that such offenses must be dealt with more rigorously to serve justice and ensure public safety.

In contrast, offenses like drug misdemeanors, petty theft, and truancy do not trigger a mandatory waiver and can often be handled within the juvenile justice system, which focuses on rehabilitation rather than punishment. The distinction in the law serves to emphasize the seriousness and impact of certain crimes, especially those involving loss of life or severe harm to others.