The Cleveland Jewish News featured Larry Zukerman, managing partner at Zukerman, Daiker & Lear Co. in Cleveland, alongside attorney Ian Friedman, explaining Ohio’s bind-over laws that allow juveniles to be tried and sentenced as adults.
Zukerman explained the basic framework: “Bind-over law is where juveniles under 18 can be tried as adults and punished as adults.” Some offenses carry mandatory bind-over. For others, the court must determine both probable cause and whether the juvenile is amenable to rehabilitation by the juvenile system. If not, the case is transferred to common pleas court. Zukerman noted the standard applies to “the most heinous offenses,” citing T.J. Lane’s triple-homicide in Chardon as an example.
The article notes that while bind-over cases have increased 230 percent between 1990 and 2010 nationally, Zukerman emphasized they remain rare. “It’s not often that you have a juvenile involved in a murder or some heinous crime.” Prosecutors retain significant discretion, weighing prior records, mitigating circumstances, and amenability to rehabilitation.
On appeal options after a bind-over, Zukerman confirmed they exist but are not immediate: “You have to wait for the initial process to complete, then and only then they can start this process.”
Read the full article here: https://www.clevelandjewishnews.com/features/special_sections/legal_affairs/more-juveniles-charged-as-adults-for-crimes/article_7494779a-cee1-11e7-badc-cfe00d0f3682.html
