When a juvenile charged with murder in Massachusetts, the stakes are extraordinarily high. Even though the defendant is a minor, homicide charges—especially murder—trigger special procedures and consequences that differ significantly from other juvenile offenses. Massachusetts courts take a unique approach to balancing accountability, rehabilitation, and public safety when dealing with these cases.
How Juvenile Murder Cases Are Classified
Under Massachusetts General Laws Chapter 119, Section 74, juveniles aged 14 or older who are charged with murder are automatically treated as adults in the criminal justice system. This is known as an automatic transfer to adult court jurisdiction.
However, there are important distinctions depending on the type of murder charge:
- First-Degree Murder: Always tried in Superior Court as an adult offense.
- Second-Degree Murder: Also prosecuted in Superior Court, though sentencing rules differ for juveniles.
If the charge involves manslaughter or a lesser included offense, the case may remain within the Juvenile Court’s jurisdiction, which focuses more on rehabilitation.
The Role of the Juvenile Court
For most crimes, juveniles are prosecuted in Juvenile Court, which emphasizes treatment and education over punishment. But in murder cases, the Juvenile Court only plays a limited initial role—typically handling the arraignment and probable cause hearing before transferring the case to Superior Court.
Once transferred, the juvenile is entitled to all the rights of an adult defendant, including:
- A trial by jury
- Representation by counsel
- The presumption of innocence
- Protection against self-incrimination
Detention and Bail Considerations
Juveniles accused of murder are usually held without bail pending trial, particularly in first-degree cases. Massachusetts law presumes that individuals charged with murder pose a substantial risk to public safety, though criminal defense attorneys can petition for release in rare circumstances.
Detention conditions differ depending on age:
- Under 18: Typically held at a Department of Youth Services (DYS) facility.
- Over 18 at the time of detention: May be transferred to an adult correctional facility while awaiting trial.
Sentencing for Juveniles Convicted of Murder
First-Degree Murder
Since the 2013 landmark decision in Diatchenko v. District Attorney for the Suffolk District, the Supreme Judicial Court (SJC) ruled that life without parole is unconstitutional for juveniles.
Instead, juveniles convicted of first-degree murder face life imprisonment with parole eligibility after 20–30 years, depending on the circumstances and degree of culpability.
Second-Degree Murder
A juvenile convicted of second-degree murder is also sentenced to life imprisonment but is eligible for parole after 15 years.
In both cases, the SJC recognizes that young people possess greater potential for rehabilitation and must be given a meaningful opportunity for release based on demonstrated maturity and reform.
Rehabilitation and Parole Review
Massachusetts law requires the Parole Board to consider the offender’s age, immaturity, background, and development at the time of the crime. Evaluations often include:
- Psychological assessments
- Educational progress reports
- Records of conduct while in custody
This approach aligns with evolving national standards recognizing that juveniles differ from adults in judgment, impulse control, and capacity for change.
Defense Strategies in Juvenile Murder Cases
Defending a juvenile accused of murder requires a blend of legal precision and developmental understanding. Common strategies include:
- Challenging the transfer to adult court, if applicable.
- Arguing lack of intent or diminished capacity based on youth and immaturity.
- Presenting psychological or neurological evidence showing impulsivity or external pressure.
- Negotiating for lesser charges such as manslaughter.
Defense teams often work closely with mental health experts, family members, and educators to provide context that may influence sentencing or parole outcomes.
Conclusion
A juvenile charged with murder in Massachusetts faces one of the most complex and consequential legal processes in the state’s criminal system. While they are prosecuted as adults, Massachusetts courts recognize that youth have unique characteristics—and that rehabilitation remains possible.
For families navigating this process, obtaining an experienced criminal defense attorney familiar with juvenile homicide law, forensic evaluation, and long-term sentencing strategy is essential. With skilled advocacy, it’s possible to secure not only fair treatment but also hope for a second chance in the future.
If your child or loved one has been charged with murder in Massachusetts, you need experienced legal representation immediately. At the Law Office of Matthew W. Peterson, we understand the gravity and sensitivity of juvenile homicide cases. Our team combines deep knowledge of Massachusetts criminal law with compassion and strategic advocacy to protect young clients’ rights and futures.
Call 617-295-7500 today to schedule a confidential consultation and begin building a strong defense.
Frequently Asked Questions (FAQ)
Q: Can a 14-year-old really be tried as an adult for murder?
A: Yes. Massachusetts law mandates automatic transfer to adult court for murder charges against anyone aged 14 or older.
Q: Can a juvenile receive life without parole?
A: No. The Massachusetts Supreme Judicial Court has banned life without parole for all juvenile offenders.
Q: What is the earliest parole eligibility for juveniles convicted of murder?
A: Typically after 15 years for second-degree murder and 20–30 years for first-degree murder.
Q: Are juveniles ever sentenced in Juvenile Court for murder?
A: No. Murder charges are always handled in Superior Court, though lesser included offenses may remain in Juvenile Court.
