Sentencing for Juvenile Crimes

Over the last few decades, there has been significant debate about how the courts should sentence juvenile offenders. Some people believe that juveniles should face the same penalties as adult offenders, while others argue that juveniles are too young to appreciate the consequences of their actions and that the criminal justice system should treat them differently.

This debate raises questions about how courts treat juvenile offenders and the factors they consider when handing down these sentences. How does a judge determine the appropriate sentence for a juvenile who commits a serious felony? How is this determination different from the way judges handle cases involving adults?

In this article, we will explain the sentencing process for juvenile defendants. We will also discuss the sentencing options available to judges when determining criminal sentences for juveniles.

If either you or a loved one is a juvenile facing criminal charges, it’s a good idea to meet with a skilled criminal defense lawyer. They’ll review your case and answer questions you have about sentencing in juvenile cases.

How Do Judges Determine the Appropriate Sentence for Juvenile Offenders?

Judges consider numerous factors when determining a juvenile’s sentence. Two of the most significant factors that affect a juvenile defendant’s punishment are the nature of the crime and the defendant’s age. The more serious the crime, the harsher the sentence.

As for age and maturity, the juvenile justice system considers the offender’s actual age and level of maturity. If someone is 15 years old at the time of the offense but has a mental or emotional disability, the court may treat them differently from another 15-year-old juvenile offender.

Some of the other factors that impact a minor’s criminal sentence include:

• Prior criminal history: If the juvenile has a history of criminal offenses, the judge is more likely to impose a harsher sentence. Juveniles with clean criminal records who commit a non-violent crime may get a more lenient sentence.
• Specific nature of the crime: The offenses committed are perhaps the most important aspect of any sentencing. Young people who commit serious crimes face stiffer sentences than those who commit misdemeanors or nonviolent offenses.
• Proportionality: Regardless of the offender’s age and criminal history, the judge must ensure the penalty is proportional to the crime. Someone who commits an armed robbery will receive a more severe sentence than someone who breaks a window.
• Individual assessment: Every case is unique, and so is every defendant. Before announcing their sentence, a judge will consider the youth offender‘s unique characteristics and the facts of the case. This includes the defendant’s background, education level, and experience with abuse.

In addition to these factors, juvenile court judges must also adhere to the law. Some states have statutes dictating a mandatory sentence for guilty defendants, regardless of their age. While many states have struck down these laws, they remain in effect in other jurisdictions.

Are There Different Sentencing Options Available in Juvenile Cases?

More so than in adult cases, judges have broad discretion in juvenile sentencing. As long as someone is below the age of majority, they are more likely to receive probation or community service.

The type of sentence a judge imposes in a juvenile case depends on the seriousness of the crime, the defendant’s age, and the offender’s criminal history. After weighing these factors, the judge can choose between incarceration and non-incarceration sentences.

The incarceration sentencing options available to a juvenile judge include the following:

• Juvenile detention facility: A judge may sentence a juvenile offender to a detention facility for days or years, depending on the severity of the crime
• Home confinement: A possibility for juveniles with a clean criminal record who commit a less serious crime
• Secured juvenile facilities: Reserved for defendants who commit a moderately serious crime or have multiple prior convictions for non-violent offenses
• Adult jail: Judges sentence juveniles to adult facilities when the offender commits a serious crime and there is little hope for rehabilitation

Judges also have the option of issuing non-incarceration sentences. These are available when the defendant has a relatively clean criminal history, and the present crime is non-violent. Some of the non-incarceration sentencing options available include, but are not limited to the following:

• Disposition order: In cases involving minor, nonviolent offenses, the court may hand down a disposition order. This encourages the offender’s welfare and rehabilitation and is common when the judge believes rehabilitation is more appropriate than punishment.
• Probation: This is one of the most common sentences judges hand down to juvenile offenders. If the individual violates the terms of their probation, the judge will sentence them to either a juvenile detention center or an adult prison.
• Community service: Juvenile court judges may order a defendant to complete a specific number of hours of community service. This is one of the least strict penalties a juvenile offender will face.
• Fines and restitution: When a case involves minor infractions and delinquencies, the court may order the defendant to pay fines and criminal restitution. This is often combined with community service.
• Counseling and rehabilitation: Depending on the nature of the offense, the court may order the juvenile to undergo counseling or enter a rehabilitation center or treatment program. The hope is to deter the offender from committing future crimes.
• Electronic monitoring: This commonly takes the form of a wrist or ankle monitor that restricts the defendant’s movement outside the home. Many people refer to this as house arrest.
• Placement with someone other than the offender’s parent or guardian: This occurs when the court determines the juvenile will not benefit from being placed in the same environment as before. It may order them to stay with a foster family or other place away from their parents and guardians.
• Curfews: It’s common for juvenile court judges to impose strict curfews on juvenile offenders. Like probation, violations can lead to incarceration.

While rare, a juvenile court judge may issue a verbal admonishment to an offender. It’s not seen much outside of the most minor of juvenile delinquency cases.

How Are Juvenile Sentencing Rules Different From Sentencing Rules for Adults?

The juvenile court system has different goals than the adult criminal justice system. Juvenile court procedures are informal and flexible, while the rules for adult courts are strict and formal. This is because the primary concerns in adult court are punishment and deterrence, whereas juvenile court focuses on rehabilitation and reintegration into society.

Another difference between the two is that juvenile hearings are confidential and not open to the public. Adult defendants are tried in open court, and the legal issues involved in the case are available to the public.

There are different sentencing rules for the two types of courts as well. Some of these include:

• Adult court rules are punitive and focus on holding the defendant accountable, while those in juvenile courts help identify those offenders who have the potential to change
• Adult sentencing rules focus more on punishment, including incarceration, fines, and even death sentences
• Judges have more discretion when sentencing juveniles than when sentencing adults
• Juvenile sentencing rules allow for greater leniency than adult sentencing rules

For minors, there’s a clear advantage to being tried in juvenile court. A criminal defense lawyer will understand the differences and use their experience to have the case tried in the most advantageous venue.

Blended Sentencing as an Alternative

One option available in juvenile cases, but not in adult courts, is blended sentencing. With blended sentencing, a juvenile offender starts in a juvenile detention center and, as they approach the age of majority, is transferred to adult jails.

There are five basic models of blended sentencing:

• Juvenile inclusive: The juvenile courts simultaneously impose both adult and juvenile correctional sanctions, but suspend the adult sanction until (and if) an offender violates the terms of their juvenile sentence
• Juvenile exclusive: The juvenile courts can impose both juvenile and adult sentences.
• Juvenile contiguous: Juvenile courts impose a juvenile correctional sentence that stays in force beyond the age of extended jurisdiction (In certain states, a juvenile court can issue a waiver that transfers the case to the adult correctional system)
• Criminal inclusive: The criminal court imposes both adult and juvenile correctional sanctions, but suspends the adult sentence unless the individual commits a new offense or violates a condition of probation
• Criminal exclusive: The criminal court can impose either an adult or a juvenile correctional sentence

These blended sentencing rules reflect ongoing innovation and debate, primarily focusing on how to punish juvenile offenders while ensuring their mental health.

What Are the Maximum Sentences for Juvenile Defendants?

Each state has its own sentencing laws for juvenile offenders. Just as state laws dictate the maximum penalties in adult cases, they do the same thing for juvenile cases. These laws have changed in recent years. Until 2005, some states allowed the courts to sentence juveniles to death. In Roper v. Simmons, the U.S. Supreme Court held that the states could not apply the death penalty to defendants under the age of 18.

The Supreme Court has also limited the states’ ability to impose sentences of life without parole (LWOP) on young people. In Graham v. Florida (2010), the Supreme Court held that courts limited sentencing a juvenile to life without parole in cases involving homicide. In 2012, Miller v. Alabama held that Alabama lawmakers must strike down a statute requiring a sentence of LWOP for juveniles who commit murder.

Hiring a Criminal Defense Attorney for a Juvenile Crime

Navigating the complexities of the adult criminal justice system is challenging, but juvenile offenders carry a different set of rules. Depending on where you live, a minor may face time in an adult prison or a life-without-parole sentence.

It’s normal to feel overwhelmed in this situation. Consulting a local criminal defense attorney experienced in juvenile law is often your best option. Juvenile offenders have more rights than defendants in adult criminal court that you need to be aware of. Consider meeting with a criminal law attorney to discuss your case and prepare for what’s ahead.