What is the law regarding a change in legislation?
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What is the law regarding a change in legislation?
Legislation was changed that modified the age for which juveniles are transferred to adult court from 14-17 to 15-17. If the juvenile committed a crime when it was 14-17 but tried when it was 15-17, would it be under the new or old legislation if they were previously in the range but now are not, meaning the child in
question committed an offense at 14?
Asked on April 30, 2018 under Criminal Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
He would be tried in adult court if not already tried. While substantive changes to criminal law are not given retroactive effect, which means that you cannot be charged with a crime that did not exist when you committed the act, procedural changes, such as in which court would be tried, are given effect. So if a crime was committed at age 14 at a time when the age to transfer was 15, but age was then lowered before his case went to trial, he would be tried in adult court.
However, if already tried in family court, double jeopardy would prohibit retrying him in adult court, even if he "should" have been tried in adult court. The family court adjudication would stand.
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