Hello rudebwoy08-ga,
In North Carolina, a person 16 years of age or older that commits a
crime is always tried as an adult. Actually, the way the law is
written, a person 16 years of age or older that commits a crime is not
a juvenile, and therefore is an adult. The law defines a delinquent
juvenile as a person less than 16 but at least 6 years old that
commits a crime.
As such, a crime committed by someone 16 or 17 years old will go on
this person?s permanent public record. However, in some misdemeanor
cases the person may file a petition in the court where he was
convicted for expunction of the crime from his criminal record.
This law appears to go back to the 1960s.
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North Carolina General Statutes
Chapter 7B
Juvenile Code
§ 7B-1501. Definitions
http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/BySection/Chapter_7B/GS_7B-1501.html
?Delinquent juvenile. - Any juvenile who, while less than 16 years of
age but at least 6 years of age, commits a crime or infraction under
State law or under an ordinance of local government, including
violation of the motor vehicle laws.?
The North Carolina Department of Juvenile Justice and Delinquency
Prevention (DJJDP)
Facilities
http://www.ncdjjdp.org/facilities/
?In North Carolina, if a youth is sixteen years old and commits a
crime then he or she is automatically tried as an adult.?
The North Carolina Department of Juvenile Justice and Delinquency
Prevention (DJJDP)
Juvenile Justice Reform Act
http://www.ncdjjdp.org/about/reform.html
?Jurisdiction over Delinquent Juveniles
The definition of delinquent juvenile continues to refer to juveniles
who commit crimes or infractions while at least six years of age and
not yet sixteen. As under former law, a juvenile who commits a
criminal offense on or after the juvenile's sixteenth birthday is
subject to prosecution as an adult.?
NCSU Campus Police Department
North Carolina Statutes
Crimes Against Persons
http://www.ncsu.edu/public_safety/Information/NCLaw.html
?Punishment of "Juveniles"
Juveniles can be punished in court as adults under certain
circumstances. The law determines how a juvenile will be treated based
upon age and seriousness of the crime committed:
If the individual is under 16 years of age and has committed a
relatively minor crime, such as vandalism, he/she will be treated as a
delinquent juvenile.
If the individual is 16 years or older, they are an adult and will be
treated as such.
If the individual is 14 years of age or older and commits a serious
crime, such as burglary in the first degree, they CAN be tried as an
adult.?
North Carolina Department of Administration
Youth Advocacy and Involvement Office
You and the Juvenile Justice System
http://www.doa.state.nc.us/doa/yaio/justice.pdf
?A delinquent juvenile is any juvenile who, while at least 6 years of
age but not yet 16, commits an offense that would be a crime under
state law or under an ordinance of local government, including
violation of the motor vehicle laws, if committed by an adult.
A juvenile is subject to adult criminal prosecution when he/she is
alleged to have committed a crime while age 16 or 17, or while he/she
is married, emancipated or in the armed services. A juvenile who is
13, 14 or 15 years of age who is alleged to have committed a felony
may be transferred to Superior Court and tried as an adult. A District
Court judge follows procedures for juvenile court cases and decides
whether to keep the matter in District Court or to transfer the case
to the adult Superior Court. If the case is transferred to adult
court, the juvenile has all of the constitutional rights of an adult
and may be sent to prison if convicted. Some of the constitutional
rights of adults include the right to a jury trial and bail. If tried
as an adult, the juvenile has no protection of keeping the record of
the trial confidential. A juvenile will be prosecuted as an adult for
any other offenses that happen after conviction in Superior Court.?
North Carolina General Statutes
Chapter 15A, Criminal Procedure Act.
Article 5., Expunction of Records.
http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/BySection/Chapter_15A/GS_15A-145.html
?§ 15A-145. Expunction of records for first offenders under the age
of 18 at the time of conviction of misdemeanor; expunction of certain
other misdemeanors.
(a)Whenever any person who has (i) not yet attained the age of 18
years and has not previously been convicted of any felony, or
misdemeanor other than a traffic violation, under the laws of the
United States, the laws of this State or any other state, pleads
guilty to or is guilty of a misdemeanor other than a traffic
violation, or (ii) not yet attained the age of 21 years and has not
previously been convicted of any felony, or misdemeanor other than a
traffic violation, under the laws of the United States, the laws of
this State or any other state, pleads guilty to or is guilty of a
misdemeanor possession of alcohol pursuant to G.S. 18B-302(b)(1), he
may file a petition in the court where he was convicted for expunction
of the misdemeanor from his criminal record.?
History of DJJDP
http://www.ncdjjdp.org/about/history.html
?Years of Reform
The 1960s
The Juvenile Justice statute, granting juvenile justice courts
jurisdiction of delinquent, dependent, or neglected children age 16
and younger.
In the 1960s, the constitutionality of the statute was questioned and
tested in the State v. Burnett case. The trial presented the case of
two children of ages younger than 10 who were indicted for murder.
These children were tried as adults in the traditional criminal
process. The outcome of the case established common law that measured
children's liability for crimes based on age and capacity to form
criminal intent. It also held children between the ages of fourteen to
sixteen responsible for crimes they committed.
A 1969 revision to the Juvenile Justice Statute changed the law to
include children aged 16 and 17.
The revolutionary nature of the 1960s prompted the reforms in systems
across the nation. In North Carolina, the decade marked an era of some
major operational reforms.
In 1965, The Juvenile Department Act placed the authority and
jurisdictions of the inferior courts into the hands of superior,
district courts. The law stated that these district courts would
handle delinquent, dependent, and neglected children under age
sixteen, domestic relations misdemeanors matters; and civil actions
over annulment, divorce, alimony, and child custody.
Before this reform, counties, not the state, supervised juvenile
courts and handled domestic cases. By 1971, the state had taken
control of all district courts with civil and criminal jurisdiction.?
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Other References:
North Carolina General Assembly
North Carolina General Statutes
http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl
North Carolina General Assembly
North Carolina General Statutes
Chapter 7B
Juvenile Code.
http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?0007B
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