In the United States, juvenile justice entails local and state court systems that respond to juvenile delinquency - cases where youth under 18 years of age (in most states) break the law. These courts hear these cases and determine if the individuals charged violated the law and what measures to take against them.
The juvenile justice system differs from the adult justice system. While the former strives to prevent youth from repeated crimes, the latter issues punitive measures. Still, both systems have the common goal of keeping society safe.
State law governs juvenile law and is the basis of juvenile codes that states enact. In this structure, the state creates juvenile courts and provides them with the power to deal with delinquency. It also mandates states to provide legislation regarding the care, protection, custody, and welfare maintenance of minors.
Additionally, the Juvenile Justice and Delinquency Prevention Act (JJDP) is the federal statute that oversees local and state service provisions to minors at risk of committing crimes. JJDP also offers field technical assistance and supports training for individuals who provide services to delinquents.
The juvenile justice system involves certain stages. The first is the delinquent behavior itself. In communities with fewer police patrols, some acts get resolved by parents and teachers without involving law enforcement. Where there is a serious police presence, there may be arrests for the same behaviors.
The juvenile justice system absorbs the case following an arrest or referral when a minor commits an offense. Law enforcement officers may arrest or issue such referrals. Parents, teachers, and other community members may also refer offenders.
After referral, a juvenile court’s intake workers present the minor in a juvenile court or probation agency. They may also take them to attorneys in prosecutors’ offices. Here, the individuals hearing a case determine if a minor should appear in a juvenile court for a formal hearing, settle the matter out of court, or dismiss it.
If a youth has committed a serious crime, the intake workers transfer them to adult courts, where they plead or are tried as adults. This happens under a prosecutor’s or intake worker’s recommendation and is handled by the juvenile court. Notably, some states automatically transfer minors to adult courts without such a recommendation, while others may revert the cases to juvenile courts.
If a juvenile court hears a minor’s case, it determines whether to detain them or order them to stay at home during a pre-adjudication period. For those deemed to be a flight risk or pose a danger to the community, the judge may convene a pretrial detention hearing within 24 hours of arrest.
The next stage is adjudication, where a minor may be pronounced delinquent, the equivalent of being guilty in an adult court. The court may also release the minor due to innocence. Since no one contests juvenile cases, the minor enters into a plea agreement to take lesser charges or defers prosecution upon accepting certain conditions.
A dispositional hearing then takes place where a judge follows a plan a probation officer has prepared. The judge reviews the plan, gets additional information, and determines the case’s disposition.
If adjudicated delinquent, the individual is sentenced to probation. Probation is community supervision where the minor remains under home supervision, adheres to rules, takes mandatory treatment, and performs community service. In rare cases, adjudicated delinquents go to residential facilities which mirror adult correctional facilities.
The final stage is aftercare. This mainly affects those taken to residential facilities and, in some cases, correctional facilities. Here, a delinquent receives support before they return to society.
The juvenile justice system differs from the adult justice system. While the former strives to prevent youth from repeated crimes, the latter issues punitive measures. Still, both systems have the common goal of keeping society safe.
State law governs juvenile law and is the basis of juvenile codes that states enact. In this structure, the state creates juvenile courts and provides them with the power to deal with delinquency. It also mandates states to provide legislation regarding the care, protection, custody, and welfare maintenance of minors.
Additionally, the Juvenile Justice and Delinquency Prevention Act (JJDP) is the federal statute that oversees local and state service provisions to minors at risk of committing crimes. JJDP also offers field technical assistance and supports training for individuals who provide services to delinquents.
The juvenile justice system involves certain stages. The first is the delinquent behavior itself. In communities with fewer police patrols, some acts get resolved by parents and teachers without involving law enforcement. Where there is a serious police presence, there may be arrests for the same behaviors.
The juvenile justice system absorbs the case following an arrest or referral when a minor commits an offense. Law enforcement officers may arrest or issue such referrals. Parents, teachers, and other community members may also refer offenders.
After referral, a juvenile court’s intake workers present the minor in a juvenile court or probation agency. They may also take them to attorneys in prosecutors’ offices. Here, the individuals hearing a case determine if a minor should appear in a juvenile court for a formal hearing, settle the matter out of court, or dismiss it.
If a youth has committed a serious crime, the intake workers transfer them to adult courts, where they plead or are tried as adults. This happens under a prosecutor’s or intake worker’s recommendation and is handled by the juvenile court. Notably, some states automatically transfer minors to adult courts without such a recommendation, while others may revert the cases to juvenile courts.
If a juvenile court hears a minor’s case, it determines whether to detain them or order them to stay at home during a pre-adjudication period. For those deemed to be a flight risk or pose a danger to the community, the judge may convene a pretrial detention hearing within 24 hours of arrest.
The next stage is adjudication, where a minor may be pronounced delinquent, the equivalent of being guilty in an adult court. The court may also release the minor due to innocence. Since no one contests juvenile cases, the minor enters into a plea agreement to take lesser charges or defers prosecution upon accepting certain conditions.
A dispositional hearing then takes place where a judge follows a plan a probation officer has prepared. The judge reviews the plan, gets additional information, and determines the case’s disposition.
If adjudicated delinquent, the individual is sentenced to probation. Probation is community supervision where the minor remains under home supervision, adheres to rules, takes mandatory treatment, and performs community service. In rare cases, adjudicated delinquents go to residential facilities which mirror adult correctional facilities.
The final stage is aftercare. This mainly affects those taken to residential facilities and, in some cases, correctional facilities. Here, a delinquent receives support before they return to society.
