Although the rules governing juvenile court vary significantly from state to state, the broad goal of U.S. juvenile courts is to provide a remedial or rehabilitative alternative to the adult criminal justice system. Although not always met, the ideal is to put a juvenile offender on the correct path to be a law-abiding adult.
Jurisdiction Rules for jurisdiction of a juvenile court depend upon the state. In most states, juvenile court jurisdiction continues through the age of eighteen, but in some states it may end at age seventeen or younger. Some states, such as Arizona, have recently adopted extended jurisdiction policies, where jurisdiction remains under the authority of the presiding juvenile court system through the adjudicated delinquent juvenile's nineteenth year of age. At times, a juvenile offender who is initially charged in juvenile court will be waived to adult court, meaning that the offender may be tried and sentenced in the same manner as an adult. "Once an adult, always an adult" provisions state that juveniles who are convicted of a crime in adult court will thereafter always be tried in adult court, regardless of the seriousness of the offense.
Age of responsibility There is no uniform national age from which a child is accountable in the juvenile court system; this varies between states. • In 44 states, the maximum age for juvenile court jurisdiction is age seventeen • In five states (
Georgia,
Michigan,
Missouri,
Texas and
Wisconsin) the maximum age for juvenile court jurisdiction is age sixteen • One state,
North Carolina, has a maximum age for juvenile court jurisdiction of age fifteen States vary in relation to the age at which a child may be subject to juvenile court proceedings for delinquent behavior. Most states do not specify a minimum age as a matter of law. Of states that set a minimum age, for
status offenses:
Waiver to adult court All states have laws that allow, and at times require, young offenders to be prosecuted or sentenced as adults for more serious offenses. In
Kent v. United States (1966), the
United States Supreme Court held that a juvenile must be afforded due process rights, specifically that a waiver of jurisdiction from a juvenile court to a district court must be voluntary and knowing. The U.S. Supreme Court held, in the case of
In re Gault (1967), that children accused in a
juvenile delinquency proceeding have the rights to due process, counsel, and against self-incrimination, essentially the
Miranda rights. Writing for the majority, Associate Justice
Abe Fortas wrote, "Under our Constitution, the condition of being a boy does not justify a
kangaroo court." However, most juvenile proceedings are held without a jury as
McKeiver v. Pennsylvania (1971) decided that minors do not have the same rights in this regard as adults.
Other cases In some jurisdictions, in addition to delinquent cases, juvenile court hears cases involving
child custody,
child support, and visitation as well as cases where children are alleged to be
abused or
neglected.
Court procedure Procedures in juvenile court, for juveniles charged with delinquent acts (acts that would be crimes if committed by adults) or status offenses (offenses that can only be committed by minors, such as running away from home, curfew violations and truancy) are typically less formal than proceedings in adult courts. Proceedings may be closed to the public, and a juvenile offender's name may be kept out of the public record.
Avoiding formal charges In an American juvenile court, it is possible to avoid placing formal charges. Factors that may affect a court's treatment of a juvenile offender and the disposition of the case include: • The severity of the offense. A serious crime is more likely to result in the filing of a petition than a less severe crime. • The minor's age. Petitions are more likely to be filed in cases involving older children. • The minor's past record. Formal charges are more likely when a minor has been previously involved with juvenile court. • The strength of the evidence that the minor committed a crime. Stronger evidence leads to a greater likelihood of formal charges. • The minor's sex. Formal charges are more likely to be filed against boys than against girls. • The minor's social history. Petitions are more likely to be filed when children have a history of problems at home or school. • The parent's or guardian's apparent ability to control the minor. The greater the lack of parental control, the more likely the intake officer is to file a petition. Along with these seven, four "unofficial" factors can sway an official: • The minor's attitude. Formal proceedings are less likely to occur when a child shows remorse for committing a crime. • The minor's appearance. If the young person is polite, dressed well, and neatly groomed, then the intake personnel are more likely to handle the case informally. • Whether the minor has family or community support. The more support the young person has, the more likely the intake officer is to deal with the case informally. • Whether the minor has an attorney. Disposing of a case informally may be less likely when a child has a lawyer. In Connecticut, a referral can be made to a non-court associated committee referred to as a
Juvenile Review Board (JRB). These committees can present a resolution that does not result in a juvenile criminal record. However, there are qualifying circumstances for a case to be accepted for review, such as the type of offense (often must be minor in nature) and prior court involvement (many JRBs only accept first-time offenses).
Sentencing Juvenile court sentences may range from: • informal supervision, through which a court informally monitors a minor and dismisses a pending charge if the minor stays out of trouble • formal supervision, similar to adult
probation, under which a juvenile meets with and is supervised by a juvenile probation officer • incarceration, usually in a
juvenile detention facility Mandatory minimum sentencing Mandatory minimum sentences found their way into the juvenile justice system in the late 1970s out of concern that some juveniles were committing very serious criminal offenses. Mandatory minimum sentences might be imposed in juvenile court for some very serious crimes, such as homicide, and apply to juveniles in the same manner as adults if the juvenile is waived to adult court. The U.S. Supreme Court has ruled that the use of mandatory life sentences without the possibility of parole for juvenile offenders is unconstitutional. == China ==