Juvenile Courts

The System

Juvenile delinquency is a generic term that refers to conduct ranging from relatively minor offenses such as truancy to major criminal offenses including homicide. The jurisdiction of juvenile courts varies from state to state, but the laws generally categorize children into three groups. First, there are delinquent offenders, those who have committed acts that would be crimes if committed by adults. Second, there are status offenders, juveniles who have committed acts that would not be crimes if committed by adults; these acts include running away from home, truancy, underage drinking, and habitual disobedience. They also include persons who are too unruly to be controlled by their parents. Third, there are neglected or abused children. These are the children who seek the court's protection. Neglected children include those children who are abandoned, homeless, or suffering from parental deprivation.

For the most serious crimes such as robbery, assault, rape, and murder, juveniles may be tried as adults. A key question asked in such a consideration is the likelihood that the juvenile has the potential to be “rehabilitated” before reaching the age of 18, or whatever age is identified in a state's legislation as the limit in juvenile court. If the likelihood of rehabilitation is low, then juveniles will be tried as adults. In making such a determination, juvenile courts also consider the seriousness of the offender's crime and his or her court record. Moreover, statutory age limits in juvenile law must be the same for females as they are for males.

Once juvenile courts establish jurisdiction over children, they generally have broad remedial authority. For delinquent offenders and status offenders, remedies and punishments include probation; restraining orders; mandatory curfews; detention (temporary custody) in a juvenile detention center, camp, or school; referral to the local department of youth services for a period of time commensurate [Page 480]with the seriousness of the infraction, but usually not longer than the period until the offender reaches the statutory maximum age such as 18 or 21 depending on the jurisdiction; fines; restitution; educational programs such as drug education; periodic drug testing; rehabilitation; revocation or suspension of driving privileges; and homebound placement. In cases involving the possibility of assignment to a correctional facility, the court considers the juvenile's record. For abused or neglected children, the usual remedy is separation from their parents temporarily or until they reach the age of majority.

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