Status Offenses

Status offenses are acts deemed illegal only when persons committing the offense are of juvenile status. Offenses characterized as unlawful only for juveniles include but are not limited to habitual truancy, curfew law violations, repeated running away, underage liquor law violations, tobacco offenses, and ungovernability or incor-rigibility in failing to respond to the reasonable requests of parents. The range of behaviors considered status offenses varies greatly throughout the United States. Curtailing status offenses is said to be a preventive measure against future, more serious juvenile delinquent behavior. Only juvenile courts can adjudicate status offenders. Adjudicatory hearings establish responsibility for an alleged act. Critics argue that status offenders are different from delinquent youth, and contact with the courts should be avoided. The adjudication of youth for committing a status offense may lead to continued contact with the juvenile justice system, especially for minority youth. This entry presents a brief overview of status offense cases, juvenile courts, the Juvenile Justice and Delinquency Prevention Act, and the overrepresentation of minorities in status offense referrals.

Anne Stahl reported that in 2004, juvenile courts in the United States formally processed an estimated 159,400 status offense cases. Once a status offense case has been referred for court intake, the court must decide whether to process the case by filing a petition or to refer the youth away from the juvenile justice system to other juvenile delinquency service agencies. At times, juveniles charged with status offenses are held in secure detention, although this practice has been discouraged since the implementation of the Juvenile Justice and Delinquency Prevention Act (1974). The number of petitioned status offense cases processed by juvenile courts increased 39% between 1995 and 2004, with the likelihood of adjudication for petitioned status offense cases increasing from 50% to 63% in the same time frame. Truancy is the most common status offense, which accounted for 35% of petitioned status offense cases; 19% were attributed to liquor law violations, 14% involved ungovernability, 13% involved runaways, 10% involved curfew violations, and miscellaneous (9%) accounted for the least number of petitioned status offense cases. Fifty-six percent of the total petitioned status offense cases were committed by males, yet females [Page 771]accounted for the majority (62%) of runaway cases, the only category in which girls represented a larger proportion of offenders. As of 2004, petitioned status offenses involving liquor law violations were most likely to be adjudicated (78%), and runaway cases were least likely (43%). In 2004, 54% of petitioned status offense cases committed by Black youth were adjudicated, with 59% leading to probation.