Juvenile Law Focus is Rehabilitation
Children are Considered Delinquents not Criminals
May 18, 2009 David J. Shestokas
The philosophy underlying the state’s treatment of juvenile offenders is that children who violate the law should be given a chance to straighten out their lives and not be burdened with a criminal record. That philosophy gives rise to a system to protect the offender rather than to punish or seek society’s revenge.
Definition of a Juvenile Offender
There are two types of juvenile offenders. The first type is a status offender. This is a person under 17 or 18, depending upon the state, who breaks a law that only applies because of his age. Examples of these types of offenses are curfew, truancy, tobacco use or possession and running away from home.
The second type of juvenile offender is a delinquent offender. Delinquent offenders have committed an act that would be a crime if committed by an adult. A burglary or a battery by a juvenile is a violation of a criminal statute that applies to juveniles and adults. A juvenile violator is classified as a delinquent offender. An adult violator is classified as a criminal offender. Juveniles are not classified as criminals to protect their future.
While delinquent offenders are not considered criminals, the cases against them are still denoted by the classification of the crime in the criminal statutes. The potential juvenile disposition varies depending upon if the crime for an adult would be a misdemeanor or felony.
The Juvenile Justice System
There is a separate justice system set up for juveniles, complete with juvenile police officers and juvenile courts. While any police officer can pick up a juvenile for illegal activities, once taken into custody, typically the youth must be turned over to a juvenile officer who will handle the case.
The juvenile justice and adult court systems differ in a number of ways. The juvenile courts are more informal than adult courts. Police, probation officers, prosecutors, and judges have more freedom to make decisions in juvenile court. The usual legal standard for decisions regarding dispositions is “best interest of the minor”.
The process of determining if a minor has committed an act that would place the minor under the long term supervision of the court is much the same. While the “best interest” standard applies once a court determines the minor has violated a criminal statute, the standard for determining if such a violation has taken place is still “beyond a reasonable doubt”. In some states the minor has a right to a jury trial, though in many he does not.
Transfers to Adult Court
The case of juvenile offender who is accused of a serious offense may be transferred from juvenile court to adult court. This may be a discretionary transfer. In this circumstance the prosecutor files a motion to have the young offender tried as an adult. Evidence is presented for and against a transfer and the judge decides whether the offender should be tried as a juvenile or an adult.
In some cases there are mandatory transfers, where the law requires the young offender to be tried as an adult. Many states have passed laws allowing prosecutors to file adult charges against juveniles for certain serious offenses. A juvenile tried in adult court receives all of the rights granted to an adult defendant, including the right to a jury.
The Language of Juvenile Court
Juvenile Court language is different because the proceedings are not criminal. Though the language may vary among the states, great care is taken to use language that does not carry the stigma of a criminal prosecution. Some typical examples:
- Minor Respondent (Defendant)
- Adjudication (Trial)
- Disposition (Sentence)
- Admission (Plea of Guilty)
- Delinquent Act (Criminal Offense)
Adolescent Offender
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