In most states persons accused of violating the law before they are 18 years of age are under the jurisdiction of the juvenile courts, and persons accused of violating the law when they are 18 years of age or older are under the jurisdiction of the criminal courts. Some states begin prosecuting persons as adults in the criminal court system when they are 17 years of age, and some states begin prosecuting persons as adults in the criminal court system when they are 16 years of age.
But all states have transfer laws that permit or require criminal prosecution of some young offenders—even though they are still of juvenile age, as defined by the state’s laws. Transfer laws vary from state to state, but generally fall within three categories: (1) judicial waiver laws that allow juvenile courts to waive jurisdiction on a case-by-case basis; (2) prosecutorial discretion or concurrent jurisdiction laws that define a class of cases that may be brought in juvenile court or in criminal court—usually at the discretion of the prosecutor; and (3) statutory exclusion laws that grant criminal courts exclusive jurisdiction over certain classes of cases involving juvenile-age offenders.
The laws that govern when a person of juvenile age may be prosecuted as an adult in the criminal court system are generally located in a state’s statutes.
In Mississippi, the jurisdiction of juvenile courts typically covers individuals who are accused of violating the law before they reach the age of 18. However, Mississippi law does allow for certain exceptions where juveniles can be prosecuted as adults. These exceptions are governed by transfer laws which include judicial waiver, prosecutorial discretion, and statutory exclusion. Judicial waiver laws permit juvenile courts to transfer a case to criminal court if the court finds it appropriate based on the severity of the offense or other factors. Prosecutorial discretion laws allow prosecutors to choose whether to file charges in juvenile or criminal court for certain offenses. Statutory exclusion laws mandate that certain serious offenses committed by juveniles are automatically tried in adult criminal court. The specific age at which a juvenile can be prosecuted as an adult and the types of offenses that may trigger such prosecution are detailed in Mississippi's state statutes.