After I read about this horribly tragic case (while on a NYC bus, a 14 yo kid who was aiming for a rival, missed and killed instead an ‘innocent bystander’ - a 39 yo father of two. Kid is to be tried as an adult), I realized I don’t understand how and why some kids are tried as adults.
I assume that ‘Judicial Waiver’ tends to occur when the accused is close to adult age and the crime is a ‘major’ one, especially if violence was involved. That seems reasonable and I assume is unlikely to be employed in a blatantly unfair manner. And, I am not interested (at least now) in either ‘Statutory Exclusion’ or the 'Once an adult, always an adult" notion.
My question has to do with so-called ‘Prosecutorial Discretion’. In particular, if a prosecutor opts to try a juvenile defendant as an adult, are there criteria that must be satisfied? Or, can the DA (or whoever) simply do so by fiat? In either case, can the prosecutor’s choice be appealed? To whom? And, at the end of the day, if there is disagreement about whether to try the accused in juvenile or adult court, who makes the final decision?