Juveniles Tried as Adults: Designated Cases

In Michigan, juveniles can be tried as adults under certain circumstances. Their case can be waived to the circuit court or they can be tried in the family division. When they are tried in the family division, it is called a designated case.

Under Michigan law (MCL 712A.2d), there are two types of designations:

Automatic Designation: For certain serious offenses (called “specified juvenile violations”), the prosecutor can automatically designate the case for adult treatment.

Discretionary Designation: For other offenses, the prosecutor may request the court to designate the case, but the court must hold a hearing to determine whether trying the juvenile as an adult is in the best interests of the juvenile and the public.

In Michigan, certain serious offenses committed by juveniles are classified as “specified juvenile violations” and may be automatically designated for adult prosecution under MCL 712A.2d. These offenses are typically violent or high-level felonies. If a juvenile aged 14 or older is charged with one of these offenses, the prosecutor can file for automatic designation, meaning the case proceeds in family court but under adult criminal procedures.

Here are the offenses that may be automatically designated:

First-degree murder

Second-degree murder

Attempted murder

Armed robbery

Carjacking

Kidnapping

First-degree criminal sexual conduct

Assault with intent to murder

Assault with intent to rob or maim

Drug trafficking

Home invasion (first degree)

Bank, vault, or safe robbery

First-degree arson

Possession of large quantities of drugs

Conspiracy, solicitation, or attempt to commit any of the above crimes

These offenses fall under the category of “specified juvenile violations,” and the prosecutor has the discretion to designate the case for adult treatment. However, the court still has the authority to review and potentially deny the designation if the case does not meet the legal standards or if it’s not in the best interest of the juvenile and the public.

If the juvenile is not charged with one of the specified juvenile violations, the case falls under discretionary designation. At the hearing to determine whether designation is in the best interest of the juvenile, the defense attorney has the right to object and present arguments and evidence against the designation. The court must consider several factors, including:

The seriousness of the offense

The juvenile’s culpability

Prior delinquency record

Programming history

Adequacy of juvenile system options

Developmental and mental health

Victim impact

The defense can argue that these factors weigh in favor of keeping the case in the juvenile system. The court must then make a decision based on the preponderance of the evidence and record its findings.

Being charged with a crime as a juvenile has serious consequences. Having the right representation in these hearings is important and you want attorneys who are experienced with children and juveniles.