Chapter 16.3 Young People and the Courts

Causes of Juvenile Delinquency In most states, anyone under age 18 is considered a juvenile – not yet legally an adult. Our system treats young people who commit crimes – called juvenile delinquents – somewhat differently from adults. Older juveniles charged with serious crimes, though, may be tried as adults. In most states, anyone under age 18 is considered a juvenile – not yet legally an adult. Our system treats young people who commit crimes – called juvenile delinquents – somewhat differently from adults. Older juveniles charged with serious crimes, though, may be tried as adults. Factors such as abuse, neglect, emotional or mental problems and poverty contribute to juvenile delinquency. However, many children with these risk factors never have trouble with the law, while children from all backgrounds can become delinquents. Factors such as abuse, neglect, emotional or mental problems and poverty contribute to juvenile delinquency. However, many children with these risk factors never have trouble with the law, while children from all backgrounds can become delinquents.

Stages in the Juvenile Justice System The main goal of juvenile courts is to try to rehabilitate, or correct a person’s behavior, rather than punish. The main goal of juvenile courts is to try to rehabilitate, or correct a person’s behavior, rather than punish. Cases begin with arrest or petitions to the courts filed by school administrators, store managers, or others. Parents may also petition. This means that children can be put into the juvenile justice system without having been accused of a crime. Cases begin with arrest or petitions to the courts filed by school administrators, store managers, or others. Parents may also petition. This means that children can be put into the juvenile justice system without having been accused of a crime.

continued Before reforms in the late 1800s, juvenile offenders received the same sentences and were sent to the same prisons as adults. Today, juvenile courts try to do whatever is best for the young person. Before reforms in the late 1800s, juvenile offenders received the same sentences and were sent to the same prisons as adults. Today, juvenile courts try to do whatever is best for the young person. In cases of neglect or abuse by caregivers, a court may place youths in foster homes. Delinquency cases involve crimes. Other cases involve actions that are considered illegal only for juveniles, such as running away or curfew violation. In cases of neglect or abuse by caregivers, a court may place youths in foster homes. Delinquency cases involve crimes. Other cases involve actions that are considered illegal only for juveniles, such as running away or curfew violation.

continued When a juvenile is arrested, police notify the parents/caregivers. The child may be sent home or placed in juvenile detention until time to appear in court. When a juvenile is arrested, police notify the parents/caregivers. The child may be sent home or placed in juvenile detention until time to appear in court. In nonviolent cases, juveniles may be diverted away from court and into special programs, such as counseling, job training or drug treatment. In nonviolent cases, juveniles may be diverted away from court and into special programs, such as counseling, job training or drug treatment.

continued A judge may hold a detention hearing to determine whether the juveniles might be dangerous to themselves or others. If so, they may remain confined. A judge may hold a detention hearing to determine whether the juveniles might be dangerous to themselves or others. If so, they may remain confined. The next stage is a preliminary hearing to determine probable cause. The next stage is a preliminary hearing to determine probable cause.

continued The trial is less formal than in adult court. Only parties involved may attend. Both sides call and cross-examine witnesses. There is no jury. The judge decides whether the young person is delinquent or nondelinquent. The trial is less formal than in adult court. Only parties involved may attend. Both sides call and cross-examine witnesses. There is no jury. The judge decides whether the young person is delinquent or nondelinquent. The system tries to protect juveniles by keeping their identities and criminal records secret. In some cases, records may be erased when the offender becomes an adult. The system tries to protect juveniles by keeping their identities and criminal records secret. In some cases, records may be erased when the offender becomes an adult.

continued Some states are experimenting with peer juries for the sentencing stage, if the defendant agrees. Some states are experimenting with peer juries for the sentencing stage, if the defendant agrees. If a juvenile has been found delinquent, the court holds a hearing to decide the sentencing. Delinquents may be sent home with a stern lecture or placed in a special training school, reformatory, treatment center or teen shelter. If a juvenile has been found delinquent, the court holds a hearing to decide the sentencing. Delinquents may be sent home with a stern lecture or placed in a special training school, reformatory, treatment center or teen shelter.

continued If the young people attend school and obey their caregivers during the probationary period, the charges will be removed from their record. Juveniles who were neglected may become wards of the court until they are adults. Judges may place juveniles with serious mental or emotional problems in a hospital or institution. If the young people attend school and obey their caregivers during the probationary period, the charges will be removed from their record. Juveniles who were neglected may become wards of the court until they are adults. Judges may place juveniles with serious mental or emotional problems in a hospital or institution.

Supreme Court Rules Gerald Gault, age 15, had been sentenced to six years in a reformatory for making indecent telephone calls to a neighbor. His parents were not informed of his arrest. He had no attorney present and the neighbor was never questioned. Gerald Gault, age 15, had been sentenced to six years in a reformatory for making indecent telephone calls to a neighbor. His parents were not informed of his arrest. He had no attorney present and the neighbor was never questioned. The Supreme Court overturned the ruling in the 1967 case In re Gault and established rules for juvenile criminal cases. Juveniles have the right to counsel, the right to confront witnesses and the right not to be forced to incriminate themselves. The Supreme Court overturned the ruling in the 1967 case In re Gault and established rules for juvenile criminal cases. Juveniles have the right to counsel, the right to confront witnesses and the right not to be forced to incriminate themselves.