The alleged perpetrator in this case study is a 14 year old male that is being questioned for murder. The victim was a tourist in her 60’s. Her husband was very close to her when she was shot. Below are some of Arizona’s juvenile section codes that can pertain to this case.
Under Arizona’s definition of a juvenile: § 8-201 Title 8:
6. “Child”, “youth” or “juvenile” means an individual who is under the age of eighteen years.
With this being said, the 14 year old should be kept in juvenile court and the psychologist could still conduct an initial psychological evaluation for competence to stand trial.
Under Arizona’s Jurisdiction of Juvenile Court: § 8-202 Title 8:
“H. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either:
1. The juvenile court transfers jurisdiction pursuant to section 8-327.
2. The juvenile is charged as an adult with an offense listed in section 13-501”
Number one would not necessarily relate to this case. However number 2 § 13-501 states the following:
“13-501. Persons under eighteen years of age; felony charging; definitions
A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:
1. First degree murder in violation of section 13-1105
B. Except as provided in subsection A of this section, the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least fourteen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:
1. A class 1 felony.
2. A class 2 felony.”
So this would conflict with the first statute as this suspect could be tried as an adult. The best thing in this case would be for the psychologist to proceed with the evaluation.
Arizona State Legislature-Juvenile Section Codes 2007 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00201.htm&Title=8&DocType=ARS
Arizona State Legislature-Juvenile Section Codes 2007 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00202.htm&Title=8&DocType=ARS