Grown-Up Punishment for Teenage Mistakes? Maryland’s Juvenile Justice Divide
What happens when a 15-year-old is charged with a violent crime? In Maryland, they might skip juvenile court entirely. Straight to adult court. Adult rules. Adult time.
This isn’t rare and it isn’t simple. Trying kids as adults raises important legal and moral questions. Punishment often replaces rehabilitation. A quick decision can shape a life.
This blog breaks down the basics. When it happens. Why it happens. And what’s at stake.
Adult court handles most cases for people 18 and older, but youth can be tried there too. Hearings are public. Defendants get jury trials. A conviction means a permanent record and sentences can include time in adult prison. Juvenile court handles most cases for youth under 18. It’s closed to the public. There are no jury trials. The focus is on rehabilitation and judges can order services, probation, or placement in a juvenile facility.
This split exists for a reason. Kids aren’t fully developed. Their brains are still growing, especially in areas that control judgment and self-control. They act on impulse. They’re more influenced by peers. But they’re also more likely to grow out of it. That’s why juvenile court focuses on rehabilitation, not just discipline. It offers structure. And a way forward.
However, the line between juvenile and adult court isn’t fixed. In Maryland, if you're 14 or older and charged with certain serious crimes, you may go straight to adult court. That includes first-degree murder, armed robbery, carjacking, and other violent felonies.
So, why do prosecutors charge kids as adults? Sometimes it’s automatic. Maryland law sends certain charges straight to adult court. If a 16- or 17-year-old is charged with first-degree murder, they stay there unless the charge gets reduced or dismissed. Other times, prosecutors argue the crime is too serious, or that the juvenile system doesn’t have the tools to handle it. In high-profile cases, public pressure can play a role too.
When this decision is made, the juvenile can request a reverse waiver hearing asking the judge to move the case back to juvenile court. This hearing must be requested early. If the youth doesn’t ask for it within 30 days, the chance to return to juvenile court can be lost for good. It’s oftentimes their only shot at staying out of the adult system.
In this hearing a judge has sole authority to rule but must weigh five specific factors:
How old the child is
Their mental and physical health
Whether they can be helped by juvenile programs
What the crime was and how serious it is
Whether keeping the case in juvenile court would still protect the public
If the judge grants transfer, the case returns to juvenile court and adult penalties are off the table. Records may be sealed, and the focus shifts back to rehabilitation.
There are two more key points in Maryland. First, at the reverse waiver hearing the juvenile carries the burden of proof. They must show the judge that transfer is in the best interest of the child or society.
Second, the court shouldn’t deny transfer unless juvenile services truly can’t help. If the Department of Juvenile Services has no programs that can meet the child’s needs or do better than the adult system, only then is denial appropriate.
Maryland’s not alone in wrestling with these questions. For decades, the U.S. Supreme Court has pushed the system toward stronger protections for youth, especially when it comes to the harshest punishments.
Thompson v. Oklahoma (1988): Banned the death penalty for anyone under 16
Roper v. Simmons (2005): Extended that ban to all under 18
Graham v. Florida (2010): Ended life without parole for juveniles in non-homicide cases
Miller v. Alabama (2012): Struck down mandatory life without parole, even for homicide
Montgomery v. Louisiana (2016): Made the Miller decision retroactive giving thousands of people a chance at parole.
These decisions mark a shift. The law is catching up to what science and lived experience have shown, youth are different. But even with these rulings in place, how justice plays out still depends on more than the crime itself.
The system draws a line between kids and adults, but it doesn’t always hold. When it breaks, a life can change forever. Who gets charged, who gets a second chance, and who gets left behind often comes down to more than the crime. It’s about brain development, background, bias, and what happens after the sentence. That’s where we’re going next.