Juvenile Law

Juvenile law relates to the actions and well-being of persons who are not yet legally adults. A person is considered a juvenile if he or she is not yet old enough to be held responsible for criminal acts. The precise age at which a child is no longer a juvenile varies from state to state, with a range from sixteen to nineteen years. In most states the law considers individuals less than eighteen years of age to be juveniles.

Age distinctions are important because they determine whether individuals who commit illegal acts will be charged with a crime and tried in adult criminal court or whether they will appear in juvenile court. Juvenile courts have a different mission than adult courts. They have no authority to order punishment, but rather focus on rehabilitation. The juvenile court's response to misconduct is generally more lenient that the adult court's would be. In certain cases, if the offense is particularly severe or the offender is near the age of adulthood, the case may be transferred to adult criminal court. Juvenile court decisions also may be appealed to adult court.

Juveniles have the right to notice of the charges against them, to confront and questions witnesses, to be free from self-incrimination, and to be represented by an attorney. In some cases, if the juvenile cannot afford an attorney, the court will appoint one. Juveniles charged with a crime do not, however, have the right to a jury trial that an adult offender would. Rather, a juvenile court judge hears all juvenile cases. At trial, a prosecutor representing the state presents the case against the juvenile, and the juvenile has an opportunity to respond. The prosecutor must prove the case against the juvenile beyond a reasonable doubt, which is the same standard applied in adult criminal cases. Although juveniles may be sentenced to secure confinement, the court also has the options of imposing a fine, restitution, probation, or medical treatment. Alternatively, juveniles may be removed from their homes and placed in foster care or a non-secure state facility.

Juvenile law is not limited to juvenile crime. Juvenile courts also have jurisdiction over neglected or abused children, children in need of state assistance, and children charged with status offenses (which include conduct that is only prohibited because the offender is a juvenile, such as school truancy and smoking). The procedures for dealing with abused, neglected, and needy children are generally less formal than the procedures for dealing with delinquents—juveniles who have committed acts that would be crimes if committed by an adult.

Abused or neglected juveniles usually come to the court's attention through the petition of a state agency or concerned private party. An agency petition usually recommends removal of the child from the home and placement in foster care or a public facility. When the state seeks to remove the child from the home, the parents must have an opportunity to be heard in court. Children in need of services may also be petitioned into court by third parties. In these cases, the court may order counseling for the child or the parents, or may temporarily remove the child from the parents' home. In some cases, the court will appoint a guardian ad litem to advocate the child's best interests at the court hearing.

Juvenile cases can have serious consequences for both the juvenile and the parents. A lawyer experienced in juvenile law can advise parents and juveniles and represent their interests in court.

Questionnaire: Choosing a Juvenile Defense Attorney

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Choosing a Juvenile Defense Attorney

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