Over the years juvenile courts have increasingly come to resemble

An Overview of Juvenile Justice in the United States

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Learning objectives

AFTER READING THIS CHAPTER, THE STUDENT WILL BE ABLE TO:

· Explain the concept of parens patriae.

· Differentiate between the types of juvenile offenders, including delinquents and status offenders.

· Explain the structure of the juvenile justice system and the roles and functions of various juvenile justice agencies.

· Summarize how juvenile offenders are processed through the criminal justice system.

· Understand the meaning of the deinstitutionalization of status offenders.

Introduction

The juvenile justice system is unique. This book explains the system and how it has evolved. The organization of this chapter is as follows: First, the juvenile justice system is described. Certain features of juvenile justice are similar in all states. Various professionals work with youth, and they represent both public and private agencies and organizations. From police officers to counselors, professionals endeavor to improve the lives of youth.

Every jurisdiction has its own criteria for determining who juveniles are and whether they are under the jurisdiction of the juvenile court. A majority of states classify juveniles as youth who range in age from 7 to 17 years, and juvenile courts in these states have jurisdiction over these youth. Some states have no minimum-age provisions and consider each case on its own merits, regardless of the age of the juvenile.

Because juveniles are not considered adults and, therefore, fully responsible for some of their actions, special laws have been established that pertain only to them. Thus, violations specific to juveniles are referred to as status offenses. Juveniles who commit such infractions are categorized as status offenders. Juveniles who engage in acts that are categorized as crimes are juvenile delinquents, and their actions are labeled juvenile delinquency. In brief, delinquent acts for youth would be crimes if committed by adults. By contrast, status offenses are not considered crimes if adults engage in them. Examples of status offenses include runaway behavior, truancy, unruly behavior, and curfew violation. The characteristics of youth involved in such behaviors will also be described.

In 1974, the U.S. Congress enacted the Juvenile Justice and Delinquency Prevention Act (JJDPA). This act, although not binding on the states, encouraged all states to remove their status offenders from secure institutions—namely secure juvenile residential or custodial facilities—where they were being held. States subsequently removed status offenders from institutions and placed these youth with community, social service, or welfare agencies. This process is called the deinstitutionalization of status offenses (DSO) and will be described in some detail.

Next, a general overview of the juvenile justice system is presented. While later chapters will focus upon each of these components in greater detail, the juvenile justice system consists of the processes involved whenever juveniles come in contact with law enforcement. Several parallels exist between the criminal and juvenile justice systems. For those juveniles who advance further into the system, prosecutors make decisions about which cases to pursue. The prosecutors’ decisions are often preceded by petitions from different parties requesting a formal juvenile court proceeding. These youth have their cases adjudicated. Compared to criminal court judges, however, juvenile court judges have a more limited range of sanctions. Juvenile court judges may impose nominal, conditional, or custodial dispositions. These dispositions will be described more fully in the following sections.

The Juvenile Justice System

The juvenile justice system, similar to criminal justice, consists of a network of agencies, institutions, organizations, and personnel that process juvenile offenders. This network is made up of law enforcement agencies, also known as law enforcement; prosecution and the courts; corrections, probation, and parole services; and public and private programs that provide youth with diverse services.

The concept of juvenile justice has different meanings for individual states and for the federal government. No single, nationwide juvenile court system exists. Instead, there are 51 systems, including the District of Columbia, and most are divided into local systems delivered through either juvenile or family courts at the county level, local probation offices, state correctional agencies, and private service providers. Historically, however, these systems have a common set of core principles that distinguish them from criminal courts for adult offenders, including (1) limited jurisdiction (up to age 18 in most states); (2) informal proceedings; (3) focus on offenders, not their offenses; (4) indeterminate sentences; and (5) confidentiality (Feld, 2007).

When referring to juvenile justice, the terms process and system are used. The “system” connotation refers to a condition of homeostasis, equilibrium, or balance among the various components of the system. By contrast, “process” focuses on the different actions and contributions of each component in dealing with juvenile offenders at various stages of the processing through the juvenile justice system. A “system” also suggests coordination among elements in an efficient production process; however, communication and coordination among juvenile agencies, organizations, and personnel in the juvenile justice system may be inadequate or limited (Congressional Research Office, 2007).

In addition, different criteria are used to define juveniles in states and the federal jurisdiction. Within each of these jurisdictions, certain mechanisms exist for categorizing particular juveniles as adults so that they may be legally processed by the adult counterpart to juvenile justice, the criminal justice system. During the 1990s, a number of state legislatures enacted procedures to make it easier to transfer jurisdiction to the adult system (Snyder and Sickmund, 2006). These changes signaled a shift in the perception of youth, who were now being viewed as adults and subject to the same processes and most of the same sanctions.

Who Are Juvenile Offenders?

Juvenile Offenders Defined

Juvenile offenders are classified and defined according to several different criteria. According to the 1899 Illinois Act that created juvenile courts, the jurisdiction of such courts would extend to all juveniles under the age of 16 who were found in violation of any state or local law or ordinance (Ferzan, 2008). About one-fifth of all states place the upper age limit for juveniles at either 15 or 16 years. In most other states, the upper age limit for juveniles is under 18 years; an exception is Wyoming, where the upper age limit is 19 years. Ordinarily, the jurisdiction of juvenile courts includes all juveniles between the ages of 7 and 18. Federal law defines juveniles as any persons who have not attained their 18th birthday (18 U.S.C., Sec. 5031, 2009).

The Age Jurisdiction of Juvenile Courts

The age jurisdiction of juvenile courts is determined through established legislative definitions among the states. The federal government has no juvenile court. Although upper and lower age limits are prescribed, these age requirements are not uniform among jurisdictions. Common law has been applied in many jurisdictions where the minimum age of accountability for juveniles is seven years. Youth under the age of seven are presumed to be incapable of formulating criminal intent and are thus not responsible under the law. While this presumption may be refuted, the issue is rarely raised. Thus, if a six-year-old child kills someone, deliberately or accidentally, he or she likely will be treated rather than punished. In some states, no lower age limits exist to restrict juvenile court jurisdiction. Table 1.1 shows the upper age limits for most U.S. jurisdictions.

Table 1.1 Age at Which Criminal Courts Gain Jurisdiction over Youthful Offenders, 2008

Age (years)

States

16

New York and North Carolina

17

Connecticut, Georgia, Illinois, Louisiana, Massachusetts, Missouri, South Carolina, Wisconsin, and Texas

18

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Florida, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Federal Districts

19

Wyoming

Source: Jeffrey A. Butts, Howard N. Snyder, Terrence A. Finnegan, Anne L. Aughenbagh, and Rowen S. Poole (1996). Juvenile Court Statistics 1993: Statistics Report. Washington, DC: Office of Juvenile Justice and Delinquency Prevention. Updated 2011 by authors.

The states with the lowest maximum age for juvenile court jurisdiction include New York and North Carolina. In these states, the lowest maximum age for juvenile court jurisdiction is 15. The states with the lowest maximum age of 16 for juvenile court jurisdiction are Connecticut, Georgia, Illinois, Louisiana, Massachusetts, Missouri, New Hampshire, South Carolina, Texas, and Wisconsin (Szymanski, 2007). All other states and the federal government use 18 years as the minimum age for criminal court jurisdiction. Under the JJDPA, juveniles are individuals who have not reached their 18th birthday (18 U.S.C., Sec. 5031, 2009).

Juvenile offenders who are especially young (under age seven in most jurisdictions) are often placed in the care or custody of community agencies, such as departments of human services or social welfare. Instead of punishing children under the age of seven, various kinds of treatment, including psychological counseling, may be required. Some states have further age-accountability provisions. Tennessee, for instance, presumes that juveniles between the ages of 7 and 12 are accountable for their delinquent acts, although this presumption may be overcome by their attorneys through effective oral arguments and clear and convincing evidence.