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EspañolJUVENILE COURT
'Juvenile courts' or 'young offender courts' are courts specifically created and given authority to try and pass judgments for crimes committed by persons who have not attained the age of majority. In most modern legal systems, crimes committed by children and minors are treated differently and differentially (unless severe, like murder or gang-related offenses) regarding the same crimes committed by adults.
One of the purposes it was founded on was to give young, impressionable youth a second chance supposedly offering counseling and other programs for rehabilitation, as plain punishment was deemed less beneficial.
In all but three states, anyone charged with committing a criminal act before his or her eighteenth birthday is initially processed as a juvenile defendant. In New York, Connecticut and North Carolina, however, the minimum age at which all accused persons are charged as adults is 16.
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. Writing for the majority, Associate Justice Abe Fortas wrote, "Under our Constitution, the condition of being a boy does not justify a kangaroo court." [1]
Generally, only those between the ages of seven and thirteen years old are accountable in a juvenile court.[2] Someone below age seven is considered too young and those above age fourteen are considered old enough to be held accountable in either juvenile or adult courts. However, not all juveniles who commit a crime may end up in juvenile 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.
In a juvenile court, it is possible to have formal charges being placed avoided. "Find Law" lists seven official factors that can help formal charges be avoided:[3]
# 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 gender. 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, five "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 manner of dress. 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.
# Ethnicity and socio-economic status. Statistics suggest (though few, if any, intake officers would admit) that the ethnicity and socio-economic status of minors often affects how aggressively their cases are handled.
In his 1997 book ''No Matter How Loud I Shout'', a study of the Los Angeles' Juvenile Courts, Edward Humes 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 16% commit four or more crimes.
★ 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
1. ''In re Gault'', 387 U.S. 1, 28.
2. When a Minor Commits A Crime
3. When a Minor Commits A Crime
| Contents |
| Purpose of Juvenile Court |
| United States of America |
| Eligibility for Juvenile Court |
| Can Formal Charges Be Avoided? |
| Reform |
| External Links |
| References |
Purpose of Juvenile Court
One of the purposes it was founded on was to give young, impressionable youth a second chance supposedly offering counseling and other programs for rehabilitation, as plain punishment was deemed less beneficial.
United States of America
In all but three states, anyone charged with committing a criminal act before his or her eighteenth birthday is initially processed as a juvenile defendant. In New York, Connecticut and North Carolina, however, the minimum age at which all accused persons are charged as adults is 16.
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. Writing for the majority, Associate Justice Abe Fortas wrote, "Under our Constitution, the condition of being a boy does not justify a kangaroo court." [1]
Eligibility for Juvenile Court
Generally, only those between the ages of seven and thirteen years old are accountable in a juvenile court.[2] Someone below age seven is considered too young and those above age fourteen are considered old enough to be held accountable in either juvenile or adult courts. However, not all juveniles who commit a crime may end up in juvenile 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.
Can Formal Charges Be Avoided?
In a juvenile court, it is possible to have formal charges being placed avoided. "Find Law" lists seven official factors that can help formal charges be avoided:[3]
# 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 gender. 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, five "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 manner of dress. 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.
# Ethnicity and socio-economic status. Statistics suggest (though few, if any, intake officers would admit) that the ethnicity and socio-economic status of minors often affects how aggressively their cases are handled.
Reform
In his 1997 book ''No Matter How Loud I Shout'', a study of the Los Angeles' Juvenile Courts, Edward Humes 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 16% 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
References
1. ''In re Gault'', 387 U.S. 1, 28.
2. When a Minor Commits A Crime
3. When a Minor Commits A Crime
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