The family of Newark Police Department Detective Sergeant Joseph Azcona, who was shot and killed in the line of duty earlier this month, is petitioning lawmakers to consider changes to the juvenile waiver statute. As per an article published on NJ.com, a 14-year-old has been arrested and charged with his Murder.
The Change.org petition reads:
We call upon our lawmakers and government to critically evaluate and revise current age criteria and laws for serious offenses like homicide. It is crucial that these laws reflect the belief that every act of homicide, regardless of the offender’s age, should be met with an appropriate legal response. The justice system is in place to serve and protect citizens like my son, who dedicated his life to doing so. Plead with us for a legal reform that ensures justice for every victim.
The petition cites to the National Institute of Justice, claiming that there is a “growing consensus among researchers that the age and the severity of the crime” should result in this particular case being transferred to adult court for handling. As of today’s date, the petition has more than 16,000 signatures.
According to N.J.S.A. 2A:4A-26.1 (the juvenile waiver statute), the minimum age for a waiver of jurisdiction from juvenile court to adult court is 15. There are no circumstances under which a court can consider waiver of a juvenile under that age. As such, there is currently no option available under the laws of the State of NJ to have the 14-year-old charged with Det/Sgt Azcona’s Murder waived up to adult court. Rather, he will receive the benefit of being treated as a juvenile offender.
If adjudicated delinquent for what would constitute the crime of Murder if committed by an adult, the 14-year-old (whose identity will remain confidential) faces a maximum term of incarceration of 20 years. The family of Det/Sgt Azcona doesn’t feel that justice would be served by the imposition of such a term – especially when the juvenile’s exposure, if he was waived up to adult court, would be life imprisonment without the benefit of parole.
Juvenile waiver is a complex legal issue that requires an in-depth analysis. If you or a loved one is facing potential waiver to adult court, the consequences can be life-altering. It is imperative that you contact a juvenile defense attorney for guidance. Alissa D. Hascup, Esq. has extensive experience handling adult and juvenile matters throughout the State of NJ. Contact her for assistance at 862-257-1200. The initial consultation is free of charge.
