Being the parent or loved one of a child in the juvenile justice system is scary and overwhelming. It’s hard to understand the process and many parents feel lost. This article aims to explain the steps from arrest to corrections, helping parents know their rights and what happens next.
Key Takeaways
- The Violent Crime Control and Law Enforcement Act of 1994 allows investigations of potential violations of children’s rights in the juvenile justice system1.
- Conditions and practices in youth detention and commitment facilities are reviewed under the Civil Rights of Institutionalized Persons Act1.
- The Special Litigation Section addresses various issues such as policing, access to counsel, and mental health care in the juvenile justice system1.
- Agreements have been made to address issues like over-representation of Black children and unnecessary school-based arrests1.
- Juvenile cases are often handled informally instead of going through formal proceedings2.
Understanding the Juvenile Justice System
The juvenile justice system in the U.S. is made for young people who break the law. It’s different from the adult system, focusing on helping young people and keeping communities safe3.
Overview of the Juvenile Justice System
In juvenile courts, cases start with a Petition, not a Complaint like adult cases4. These cases are seen as civil matters. Young people facing charges are called “delinquents” and their cases are called “Section 602 proceedings”3. Judges, not juries, hear these cases, and young people don’t get a jury trial3.
After being found guilty, young people might go to Juvenile Hall, live in foster homes, or do community service3. If they commit a serious crime, the consequences can follow them into adulthood3. After a while, their records can be sealed3.
At court, at least one parent must be there for the minor3. Lawyers who know about juvenile law can help young people in court3. These lawyers know the system well and can get better results for their clients3.
The juvenile justice system has two main types of petitions: one for serious crimes and another for less serious issues like running away4. There’s no bail in juvenile court, unlike in adult courts4.
For serious crimes, a hearing decides if the case goes to adult court4. In juvenile trials, judges decide based on the evidence4.
Probation is a common sentence, which includes supervision and rules for the young person4. Other options include living with family or in group homes4. The Division of Juvenile Justice is closing in June 2023, marking the end of a facility for serious offenders4. Parents should stay involved and informed about their child’s case4.
Stages of the Juvenile Justice Process
Delinquent Behavior and Referral
The juvenile justice system starts with delinquent behavior. It’s normal for teens to make mistakes, but the outcome depends on their surroundings5. People like cops, teachers, parents, victims, or community members can send a youth to court6. After a referral, workers decide if the case goes to court, gets handled outside court, or is dropped.
Some young people might stay under watch but could be sent back if they don’t follow rules6. They must have a hearing within 24 hours if kept overnight, and can’t stay in detention for over 21 days, or up to 30 in some cases6.
About three weeks after arrest, there’s an arraignment, and trials happen about a month later6. Some programs help first-time offenders meet certain goals and clear their charges6.
| Commitment Program Levels | Risk Level | Supervision Intensity |
|---|---|---|
| Minimum-risk non-residential (level 2) | Minimum risk | Less intensive |
| Maximum-risk residential (level 10) | Maximum risk | More intensive |
In Florida, kids can be put in programs from level 2 to level 10, based on risk5. The level affects how closely they’re watched, with higher levels needing more supervision5. How long they stay depends on their risk level and progress5. If they can’t or won’t finish their program, they might move to a stricter one5.
The DJJ makes a report for the judge, but it’s not needed for every case6. The court can handle a case until the youth turns 19 or 21 in some cases6. Commitment levels vary from 30-45 days for low-risk to up to 36 months in prison6.
“Clients convicted at trial and seeking to appeal their conviction must file a notice of appeal within 30 days of sentencing and demonstrate to the appellate court how trial judge errors impacted the case outcome. A judge may allow a convicted client’s release on bail pending the appeal if convinced of the validity of the appeal and the client’s intention to reappear in court. Clients do not have an automatic right to bail during the appeal process and may end up serving the entire sentence while the appeal is pending.”
juvenile justice, minor crimes, juvenile court
The juvenile justice system has a special way of dealing with minor crimes by youth. In the U.S., about 400,000 juveniles face arrest, charges, or detention each year for status offenses7. These include things like having marijuana, drinking alcohol, or breaking curfew, which wouldn’t be crimes for an adult7.
If a juvenile commits a minor crime, their case might go to juvenile court. This court focuses on helping the youth rather than punishing them. It tries to fix the problems that led to the crime and stop future ones7. The court looks at the crime’s seriousness, the youth’s past, and their family’s ability to control them7.
Next, a detention hearing might happen to see if the young person should be locked up until their trial7. At the trial, a judge decides if the youth is guilty, similar to adult court but without a jury7.
The system tries to help young offenders by addressing the reasons behind their actions8. It focuses on fixing problems and helping them become better, not just punishing them. This way, juveniles get a chance to change their path8.
For very serious crimes, a juvenile’s case might move to adult court7. This decision depends on the situation and what’s best for everyone involved8.
Dealing with the juvenile justice system is complex. It’s important to have a lawyer who knows the system to protect a minor’s rights9. Understanding how the juvenile court works helps us find a fair way to handle minor crimes by young people.
Disposition and Juvenile Corrections
When a youth is found guilty in the juvenile justice system, the court holds a hearing to decide what to do next10. Most of the time, these youth get put on probation or sent to a juvenile facility10.
Probation and Residential Placement
Probation lets the youth stay home but they must follow strict rules10. Some are sent to places that can be big institutions or small group homes10.
In 2021, about 65% of youth got probation, and 28% went to live in facilities10. This means around 33,000 young people were taken out of their homes10.
The goal of the juvenile justice system is to help young people not commit crimes again10. But for serious cases, they might go to probation camp or a locked facility11.
The number of cases and youth in detention hit a record low in 2021 due to COVID-1910. About 36% of cases were detained, and 13% were handled informally10.
Conclusion
The juvenile justice system in the U.S. focuses on helping youth offenders with their unique needs. It aims for juvenile rehabilitation. By knowing how the juvenile court process works, you can support your child better.
This system prefers rehabilitation over punishment. It aims to stop young people from committing crimes again and help them grow into responsible adults. Girls made up a little over 20% of juvenile court criminal delinquency cases and about 40% of status delinquency cases in 199612. Cases involving female juveniles went up by 76% between 1987 and 1996, while male cases increased by 42%12. Knowing these facts helps make sure the system helps both boys and girls.
When dealing with the juvenile justice system, having a lawyer and understanding the process is key. A juvenile crime can affect a child’s feelings and future a lot13. By working with the system and supporting your child, you can help them get the help they need. This way, they can move past their mistakes and have a better future.
Source Links
- Children’s Rights in the Juvenile Justice System
- Juvenile Delinquency & the Legal Process
- Understanding Juvenile Criminal Cases in California: What You Need to Know – Inland Empire Criminal Defense
- Juvenile justice court process | California Courts
- Juvenile Case Process
- Understanding the Stages of Juvenile Criminal Cases in the Florida Court System
- Juvenile Offenses | Child Crime Prevention & Safety CenterChild Crime Prevention & Safety Center
- Juvenile Crimes & the Legal System
- Is There a Difference Between a Juvenile and a Minor? – Michigan Juvenile Criminal Defense Lawyers
- What Is Juvenile Justice?
- Juvenile Court Disposition Hearing | Child Crime Prevention & Safety Center
- The Juvenile Justice System | Juvenile Crime, Juvenile Justice
- Consequences of a Juvenile Offense: Impact on a Minor