Juvenile court
Encyclopedia
A juvenile court is a tribunal
having special authority to try
and pass judgments for crime
s committed by child
ren or adolescent
s who have not attained the age of majority
. In most modern legal systems, crimes committed by children and minors are treated differently to the same crimes committed by adults.
Severe offenses, like murder or gang-related acts, in 44 states of the USA are treated the same as crimes committed by adults: "Beginning around 35 years ago, increases in violent juvenile crime permitted judges to transfer juveniles to adult-criminal courts. No national data exist on the number of juvenile offenders prosecuted as adults." "The main difference between a juvenile court and an adult court in England is that the juvenile court has a much wider jurisdiction in terms of the offenses it can try. It can deal with a juvenile for any offense except homicide, although it is not bound
to deal with a young person for a serious offense such as robbery or rape; on such a charge he can be committed to the Crown Court for trial in the same manner as an adult."
A juvenile court handles case of delinquency and dependency. Delinquency refers to crimes committed by minors, and dependency includes cases where a non-parental person is chosen to care for a minor.
is 16. The Children's Hearings System was established in 1971, taking over from the previous juvenile courts the responsibility for dealing with children and young people who are in need of care or protection or who have committed alleged offences. The Scottish Children's Reporter Administration
, a Scottish
Government executive non-departmental public body with responsibility for protecting children at risk, became operational in 1996.
and North Carolina
, however, the minimum age at which all accused persons are charged as adults is 16. In Illinois, Michigan
, Texas and eight others the minimum age is 17. Also, in other states such as Washington, the minimum age depends on the seriousness of the crime.
In Kent v. United States (1966), the United States Supreme Court held that a juvenile must be afforded due process rights, specifically that a waiver of jursidiction from a juvenile court to a district court must be voluntary and knowing. The U.S. Supreme Court held, in 1967, that children accused in a juvenile delinquency proceeding have the rights to due process, counsel, and against self-incrimination, essentially the Miranda
rights. Writing for the majority, Associate Justice Abe Fortas
wrote, "Under our Constitution, the condition of being a boy does not justify a kangaroo court
."
Along with these seven, four "unofficial" factors can sway an official:
argued that the system is in need of a revolutionary reform. He stated that the system sends too many children with good chances of rehabilitation to adult court, while pushing aside and acquitting children early on the road in crime instead of giving counseling, support, and accountability. 57% of children arrested for the first time are never arrested again, 27% get arrested one or two more times, and 17% commit four or more crimes.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
having special authority to try
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
and pass judgments for crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s committed by child
Child
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
ren or adolescent
Adolescence
Adolescence is a transitional stage of physical and mental human development generally occurring between puberty and legal adulthood , but largely characterized as beginning and ending with the teenage stage...
s who have not attained the age of majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
. In most modern legal systems, crimes committed by children and minors are treated differently to the same crimes committed by adults.
Severe offenses, like murder or gang-related acts, in 44 states of the USA are treated the same as crimes committed by adults: "Beginning around 35 years ago, increases in violent juvenile crime permitted judges to transfer juveniles to adult-criminal courts. No national data exist on the number of juvenile offenders prosecuted as adults." "The main difference between a juvenile court and an adult court in England is that the juvenile court has a much wider jurisdiction in terms of the offenses it can try. It can deal with a juvenile for any offense except homicide, although it is not bound
to deal with a young person for a serious offense such as robbery or rape; on such a charge he can be committed to the Crown Court for trial in the same manner as an adult."
Scope and range
Juvenile court is a special court or department of a trial court which deals with under-age defendants charged with crimes or who are neglected or out of the control of their parents. The normal age of these defendants is under 18, but juvenile court does not have jurisdiction in cases in which minors are charged as adults. The procedure in juvenile court is not always adversarial, although the minor is entitled to legal representation by a lawyer. Parents or social workers and probation officers may be involved in the process to achieve positive results and save the minor from involvement in future crimes. However, serious crimes and repeated offenses can result in sentencing juvenile offenders to prison, with transfer to state prison upon reaching adulthood with limited maximum sentences, often up until the age of 18, 21 or 25. Where parental neglect or loss of control is a problem, the juvenile court may seek out foster homes for the juvenile, treating the child as a ward of the court.A juvenile court handles case of delinquency and dependency. Delinquency refers to crimes committed by minors, and dependency includes cases where a non-parental person is chosen to care for a minor.
Scotland
The age of majority under Scots lawScots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
is 16. The Children's Hearings System was established in 1971, taking over from the previous juvenile courts the responsibility for dealing with children and young people who are in need of care or protection or who have committed alleged offences. The Scottish Children's Reporter Administration
Scottish Children's Reporter Administration
The Scottish Children's Reporter Administration is a Scottish Government executive non-departmental public body with responsibility for protecting children at risk...
, a Scottish
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
Government executive non-departmental public body with responsibility for protecting children at risk, became operational in 1996.
United States
In all but four states, anyone charged with committing a criminal act before his or her seventeenth or eighteenth birthday is initially processed as a juvenile defendant. In New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
and North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, however, the minimum age at which all accused persons are charged as adults is 16. In Illinois, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, Texas and eight others the minimum age is 17. Also, in other states such as Washington, the minimum age depends on the seriousness of the crime.
In Kent v. United States (1966), the United States Supreme Court held that a juvenile must be afforded due process rights, specifically that a waiver of jursidiction from a juvenile court to a district court must be voluntary and knowing. The U.S. Supreme Court held, in 1967, that children accused in a juvenile delinquency proceeding have the rights to due process, counsel, and against self-incrimination, essentially the Miranda
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...
rights. Writing for the majority, Associate Justice Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
wrote, "Under our Constitution, the condition of being a boy does not justify a kangaroo court
Kangaroo court
A kangaroo court is "a mock court in which the principles of law and justice are disregarded or perverted".The outcome of a trial by kangaroo court is essentially determined in advance, usually for the purpose of ensuring conviction, either by going through the motions of manipulated procedure or...
."
Eligibility
There is no set National age by which a child is accountable in the juvenile court system. This varies between states; many set 10 as the minimum. Not all minors who commit a crime end up in juvenile (or adult) court. A police officer has three choices:- Detain and warn the minor against further violations, and then let the minor go free
- Detain and warn the minor against further violations, but hold the minor until a parent or guardian comes for the minor
- Place the minor in custody and refer the case to a juvenile court.
Avoiding formal charges
In an American juvenile court, it is possible to have formal charges being placed avoided. FindLaw lists seven official factors that can help formal charges be avoided:- The severity of the offense. A serious crime is more likely to result in the filing of a petition than a less serious crime.
- The minor's age. Petitions are more likely to be filed in cases involving older children.
- The minor's past record. Formal charges are more likely when a minor has been previously involved with juvenile court.
- The strength of the evidence that the minor committed a crime. Obviously, stronger evidence leads to a greater likelihood of formal charges.
- The minor's sex. Formal charges are more likely to be filed against boys than against girls.
- The minor's social history. Petitions are more likely to be filed when children have a history of problems at home or at school.
- The parent's or guardian's apparent ability to control the minor. The greater the lack of parental control, the more likely the intake officer is to file a petition.
Along with these seven, four "unofficial" factors can sway an official:
- The minor's attitude. Formal proceedings are less likely when a child shows remorse for committing a crime.
- The minor's appearance. If the young person dresses well, is neatly groomed and is polite, intake personnel are more likely to handle the case informally.
- Whether the minor has family or community support. The more support the young person has, the more likely the intake officer is to deal with the case informally.
- Whether the minor has an attorney. Disposing of a case informally may be less likely when a child has a lawyer.
Reform
In his 1997 book No Matter How Loud I Shout, a study of the Los Angeles' Juvenile Courts, Edward HumesEdward Humes
-Biography:Humes was born in Philadelphia and attended Hampshire College in Amherst, Massachusetts. In 1985 he moved to Southern California.In 1989 he received the Pulitzer Prize for specialized reporting for several investigative stories he wrote about the United States military...
argued that the system is in need of a revolutionary reform. He stated that the system sends too many children with good chances of rehabilitation to adult court, while pushing aside and acquitting children early on the road in crime instead of giving counseling, support, and accountability. 57% of children arrested for the first time are never arrested again, 27% get arrested one or two more times, and 17% commit four or more crimes.
External links
- Information about Juvenile Justice from the Penal Reform International website.
- National Juvenile Defender Center
- Juveniles involved in the Justice System a review of the juvenile justice system in the United States, comparing it to Canada.
- Violent Justice: Adult system fails young offenders
- Prevent Delinquency Project