According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), delinquency case rates generally increase with the age of the juvenile. In 2008, U.S. law enforcement agencies arrested approximately 2.11 million youths under the age of 18. Unfortunately, the issue of juvenile delinquency is becoming more complicated and many crime prevention programs either don't exist or are unequipped to deal with the problem. In addition, as more and more concerns are raised about youth violence, a greater number of adolescent offenders are being handled in the adult criminal justice system. If your child has been charged with a juvenile crime, your first step should be to contact a qualified juvenile defense attorney to ensure your child's rights are protected.
Juveniles vs. Adult Offenders
The United States does not have a universal juvenile justice system; the laws differentiating between juvenile and adult offenders differ state-by-state. The main difference between the treatment of juvenile and adult offenders is that the juvenile court system focuses primarily on treatment and rehabilitation, while adult criminal courts are predicated on punishment. However, in more serious cases, a juvenile may be transferred to adult criminal court and tried as an adult, depending on the age of the offender, offending history, and the severity of the offense. Although many states indicate a minimum age for transfer averaging between ten and fifteen years old, nearly half of U.S. states do not specify a minimum age. In some states, there are statutory exclusion laws in place which dictate specific offenses for which prosecution as an adult is mandatory. Furthermore, as of January 2010, two U.S. states prosecute all 16- and 17-year-old juvenile offenders as adults.
Juvenile Delinquent Offenders
There are a number of circumstances dictating whether a youthful offender will be tried in juvenile court or adult criminal court, many of which vary depending on the state. If the prosecution charges an older juvenile with a particularly serious or violent offense, the prosecuting attorney may request that the juvenile be tried as an adult. An offender aged fifteen, sixteen or seventeen, for example, may be tried as an adult if they are charged with a violent crime like assault, arson or rape. Other examples of crimes which may lead juveniles to be tried in adult criminal court include:
Violent Crimes
Robbery
Homicide
Weapon's possession
Larceny/Theft
Vandalism
Auto theft
Burglary
Drug and Alcohol Violations
Drug possession
Liquor law violations
Drunk and disorderly conduct
Drug abuse
Intent to sell drugs
Juvenile Status Offenders
There are also certain offenses which apply only to juveniles and not to adults, called status offenses. In other words, these acts may be considered illegal when performed by individuals under a certain age, while remaining legal for others. Common status offenses include truancy, running away, curfew violations, incorrigibility, and underage alcohol consumption. Juvenile status offenders are distinguished from juvenile delinquent offenders in that the former offenders have not committed an act that would be considered a crime if it were committed by an adult, while the latter have.
Legal Help for Juvenile Offenders
When a minor commits a crime, they are often tried and sentenced by a court system separate from that which tries adult offenders. There are also separate institutions designated for juvenile offenders, called juvenile detention centers. After a juvenile commits a crime, it is up to the juvenile court to determine the degree of risk the juvenile poses to society, as well as the benefits incurred by incarceration in a juvenile detention center. Even though juveniles are typically treated differently than adults when charged with a crime, they still have the same rights. If your child has been charged with a juvenile crime, it is critical that you ensure your child's rights are protected. Don't let one mistake negatively affect the rest of your child's life; contact an experienced juvenile defense lawyer today.
For more information regarding juvenile crime, contact a juvenile criminal defense attorney. Andrew Sarski is a freelance author specializing in writing about legal matters.
