How the Juvenile Justice System Works

Having your child involved in the juvenile justice system can be frustrating and worrisome. Contact a local criminal law attorney​​ for help navigating this system and protecting your child’s rights.

Who Is a Juvenile?

In the eyes of the law, a minor is any person under the legal adult age or “age of majority.” In most states, the age of the majority is 18. The age at which the juvenile court has jurisdiction over delinquency cases (criminal cases involving youthful offenders) varies by state law.

In most states, the offender’s age at the time of the offense determines jurisdiction. This allows for the sometimes lengthy periods needed to investigate a case. The upper age of jurisdiction​​ is 17, which is when juvenile court loses jurisdiction. Once an offender turns 18, they’ll face any new charges as an adult.

Some jurisdictions, such as Wisconsin, consider a juvenile delinquent to be someone 16 or younger. Vermont is an exception, having raised the maximum age for a person to be tried in the juvenile justice system to 18 in 2020.

Juvenile jurisdictions often have lower age limits because very young children are considered less able to distinguish right from wrong, with most states specifying that juveniles lack mens rea​​ (criminal intent) before they reach six or seven years old. In North Carolina, prosecutors can charge a child as young as eight, depending on the crime.

Types of Juvenile Offenses

Juvenile offenses fall into two main categories: delinquent acts and status offenses. Let’s take a closer look at each one.

Delinquent Acts

A delinquent act is an offense that would be a crime if committed by an adult, but not a minor. These range from misdemeanors to serious felonies like homicide​​ or sexual assault. The system prioritizes counseling and rehabilitation over punishment for these acts, especially for misdemeanor offenses.

Status Offenses

Status crimes are acts that are illegal for minors but would be legal if committed by adults. Common examples of status offenses under juvenile court jurisdiction include:

• Truancy (violating school attendance policies)
• Curfew violations (violating local ordinances against minors in public areas after certain hours)
• Underage drinking​​ (minors under 21 possessing or consuming alcohol)
• Running away from home or foster care

In some states, juveniles picked up by law enforcement for these status offenses will get a referral to social services.

Status offenses can involve more than just the offender. This type of delinquent behavior can be seen as a lack of parental control. As a result, courts and local governments sometimes hold parents accountable when their children commit status crimes. Examples include:

• Parental fines and even jail time for chronically truant children
• Parental fines for children violating curfew
• Criminal charges for contributing to the delinquency of a minor if the lack of oversight endangers their child’s welfare
• Criminal charges for failure to secure firearms if the child uses the parent’s weapons in the course of a crime

Parents can also be held civilly liable for damages caused by their children.

The Juvenile Justice Process: A Step-By-Step Guide

The juvenile justice process is less formal than the adult system. The process follows several key steps. Let’s take a look at what you can expect to encounter.

Step 1: Arrest and Intake

Just like adults, children have certain due process rights when detained by police. Children must ask for their rights, although it’s unlikely for younger kids to do so.

Depending on the jurisdiction, police officers may not have to call parents before questioning a child, no matter how young. A juvenile must ask to call a lawyer or their parents. Some states may require the presence of Child Services or a court advocate, while others require police to notify parents.

In most states, a judge must determine whether a child’s statement was voluntary or coerced. Factors taken into account will include:

• The child’s age, education, and intelligence
• The child’s emotional status at the time of interrogation
• If the child had any prior experience in the criminal justice system

Once the minor is in custody, a juvenile court officer (often a juvenile probation officer) will evaluate the case during intake to determine which charges are appropriate. In some cases, the officer may decline to charge the minor.

Step 2: Pre-Adjudication Options (Detention, Release, and Diversion)

How things proceed after intake but before a court hearing will vary. A minor does not have to go to juvenile detention​​ once charged. Several options may occur during a first meeting with law enforcement:

• Police may release the minor after questioning
• If parents are unavailable or unfit, police may refer the minor to Child Protective Services for placement in the foster care system​​
• Police may place the minor in custody and take them to a juvenile facility, such as a juvenile hall

Some states allow the child to bypass the court altogether through a process known as diversion. A diverted child may agree to perform community service, participate in counseling, or pay restitution without even seeing a judge. Diversion is typically offered to juveniles accused of low-level crimes or status offenses who have not previously faced charges in the juvenile court system.

Step 3: The Court Process (Adjudication)

Juvenile cases differ from the adult criminal justice system. The first court appearance may be called an initial hearing, status conference, or intake. The judge will advise the juvenile of the charges and hear initial motions.

If the juvenile pleads not guilty, the case goes to trial. Juveniles don’t have the right to a jury trial. Instead, the case goes before a juvenile court judge in a hearing called an adjudication. The judge reviews the evidence and determines whether the defendant committed the crime beyond a reasonable doubt.

Step 4: Disposition (Sentencing)

After adjudication, a disposition hearing determines the best consequence for the juvenile offender. The disposition hearing is like the criminal sentencing​​ hearing in adult criminal court.

The judge weighs state requirements against evidence of the child’s amenability to rehabilitation, treatment needs, and ability to reintegrate into the community. They will consider factors such as:

• The seriousness of the crime and the degree of participation
• The minor’s chronological and emotional age
• The minor’s ability to accept responsibility for their action and their attitude
• The amount of control the parents have over the minor’s actions

The judge can decide on various courses of action, including:

• Treatment programs (mental health or substance use rehabilitation)
• Probation (supervision by a probation officer)
• Community service​​ (e.g., repainting a vandalized wall)
• Placement in a juvenile detention center or correctional facility

An out-of-home placement for a juvenile is reserved for serious crimes or repeat offenses. The Juvenile Justice and Delinquency Prevention Act​​ (JJDPA) requires juveniles in adult facilities to reside out of sight and sound of adult inmates.

Transfer to Adult Court

For serious offenses like homicide, rape, or armed robbery, judges may transfer juveniles to adult court through a process called a waiver. Factors considered in a waiver include:

• The seriousness of the crime
• The juvenile’s alleged culpability
• The juvenile’s criminal record and age

For serious offenses, older juveniles (often those 16 or 17) face a higher likelihood of having their cases transferred to the adult criminal justice system. Those with prior adjudicated offenses like felony assault or battery are more apt to be removed from juvenile proceedings. Juveniles tried as adults normally receive similar sentences, including incarceration in adult prisons.

An exception is capital offenses. In 2005, the U.S. Supreme Court ruled in Roper v. Simmons​ that the death penalty for juveniles violated the 8th and 14th Amendments. Offenders who were under 18 at the time of the offense cannot be sentenced to death.

Juvenile Records

In the past, juvenile offenders‘ records were automatically sealed​​ when they turned 18. This is no longer the case. Court records of severe offenses are now treated the same as those of adult offenders. Having a criminal record can lead to other consequences, such as potential employers disregarding an application.

One protection afforded in juvenile delinquency cases is the potential for expungement. This removes arrest or court records from the criminal system and is easier for juvenile records than for most adult records. Each state has laws and requirements for offenses eligible for expungement.

As with adult crimes, sexual abuse, some drug crimes, and some domestic violence crimes often cannot be expunged. Juveniles and their families should speak with an attorney for​ help sealing juvenile records.

Get an Attorney’s Help Navigating the Juvenile Justice System

Juvenile crime is treated seriously, but the primary goal is often rehabilitation. The juvenile justice system operates differently to protect children and guide them to make better choices as they age. Hiring a lawyer can often make a big difference in the outcome. If your minor child is under arrest for any criminal act, consider speaking with a criminal defense attorney​​ in your area. A lawyer can help ensure the best outcome for you and your child.