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  1. #1
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    Aug 2012
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    Default Court of Jurisdiction for Charges Filed Against an Adult for a Juvenile Offense

    My question involves criminal law for the state of: Minnesota or Wisconsin

    I ask patience over my perhaps poor use of legal terms – I will do my best to explain what I mean. I tried to find the answer to my question through research, but I could not find anything, so I thought I would try this forum.

    Say that a person commits, at an age of 0-10 years, an offense that would be a felony if it were committed by an adult. If charges were filed quickly, the juvenile courts would have jurisdiction on account of the defendant’s age. But what if the charges are filed many years later after the offense and the defendant has now become an adult? I found much discussion about adult courts being given jurisdiction over juveniles for juvenile offenses, but my scenario raises the image of something like an adult being tried in a juvenile court for a juvenile offense.

    Similarly, is the idea of juvenile court jurisdiction:

    1. To spare the offender from adult court jurisdiction, but only so that the offender can still develop into a lawful citizen as they reach emotional/psychological maturity, and that a person is subject to adult court jurisdiction for any offense committed, regardless of age, once they are an adult and finished maturing?

    – or –

    2. To spare the offender from adult court jurisdiction because the offender, when committing the offense, did not have the intentions and understanding/rationalization of the offense that an adult with criminal intentions would?

    Thank you very much.

  2. #2
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    Default Re: Court of Jurisdiction for Charges Filed Against an Adult for a Juvenile Offense

    The crime only occurred in one state. When you figure that much out, let us know the state and the crime.

  3. #3
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    Default Re: Court of Jurisdiction for Charges Filed Against an Adult for a Juvenile Offense

    Okay, Wisconsin and 948.02 (1)(e).

    Thank you, Mr. Knowitall.

  4. #4
    Join Date
    May 2011
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    638

    Default Re: Court of Jurisdiction for Charges Filed Against an Adult for a Juvenile Offense

    "948.02  Sexual assault of a child.

    948.02(1)(e) Whoever has sexual contact with a person who has not attained the age of 13 years is guilty of a Class B felony."


    You're saying that someone not more than 10 years old did this, and now years later when that person has reached the age of majority for this act, he's being charged as an adult? They want to punish him for a serious felony and label him for life as a child molester as an adult?

    "This person" needs a lawyer, and a good one.

  5. #5
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    Aug 2012
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    Default Re: Court of Jurisdiction for Charges Filed Against an Adult for a Juvenile Offense

    cmre3456, thank you for your help.

    I am sorry - I did not mean to imply that any charges have actually been filed against the now adult offender. Rather, the situation is theoretical. Does what I interpret as your surprise go to say that charges filed against the now adult would be surprising?

  6. #6
    Join Date
    May 2011
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    Default Re: Court of Jurisdiction for Charges Filed Against an Adult for a Juvenile Offense

    Quote Quoting PineTree9
    View Post
    cmre3456, thank you for your help.

    I am sorry - I did not mean to imply that any charges have actually been filed against the now adult offender. Rather, the situation is theoretical. Does what I interpret as your surprise go to say that charges filed against the now adult would be surprising?
    Charges filed wouldn't be unheard of, but charging someone as an adult for something he did a long time ago when no older than ten would surprise me. It does happen that children are charged as an adult in particularly horrendous crimes.

    In Wisconsin, the statute of limitations runs until the victim is 45 years old. I believe from other cases that this is because such memories can be suppressed until the adult remembers, perhaps during counseling. I can't comment as to whether those "memories" are planted by a "therapist." I will say that I disagree with that law, but it is what it is.

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