All You Should Know About the Juvenile Justice System
Sponsored by: Ghanouni Teen & Young Adult Defense Firm
The justice system in the United States is there to adequately cater to the needs of residents who interface with law enforcement agencies on issues of stipulated laws. Offenses sometimes are committed by minors who should not be tried in the same system as their adult contemporaries. Hence, the emergence of the juvenile justice system.
“When young people are accused with violating the laws, their cases are generally handled by the juvenile justice system,” says attorney Paul Ghanouni of Ghanouni Teen & Young Adult Defense Firm. Cases involving a minor are heard in juvenile courts, and appropriate punishment is meted out if they are found guilty. When a young person is convicted of an offense, they are usually sent to correctional facilities set up to help manage and curtail delinquent behaviors.
Cases involving a minor are very complex. Therefore, it is ideal for one to employ the services of a competent lawyer to help handle such a case.
Differences Between the Juvenile and Adult Justice System
It is the goal of the state to ensure the safety of everyone in the community. This is why the justice system is set up to give the appropriate punishment to offenders. However, the juvenile justice system differs in so many ways from the adult justice system.
While punishment is used solely for a legitimate purpose in the adult justice system, it does not function as such in a]the juvenile justice system. However, young offenders are punished with the stated goal of curtailing delinquency and helping them transition into law-abiding adults in society.
Juvenile Justice System Statistics
The number of young people referred to court for violating the criminal code nationwide is high. According to reports released in 2018, about 750,000 minors made court appearances nationwide for criminal offenses, while 101,000 were charged for status offenses. Status offenses are actions that constitute a crime only when a young person does it, including running away from home and alcohol consumption.
In the same year, about 422,000 were charged to court, with 50 percent of the number adjudicated delinquent. Some were placed on probation, while others were remanded in a correctional facility.
When can a Juvenile Be Taken into Custody?
Before taking a juvenile into custody, there must be substantial evidence to prove that they have committed a delinquent act or a status offense. Being taken into custody is not the same as an arrest, as an abused young person can also be taken into custody.
Does the Justice System Provide Some Rights to the Juvenile?
The juvenile justice system provides some rights to the young person even after being taken into custody. Knowing these rights is vital for the minor. These rights include:
- The right to a lawyer throughout the proceeding. An attorney is a critical participant in any court proceeding, and the law gives the juvenile the right to have one. The juvenile may not be financially capable of hiring an attorney on their own. Where this is the case, the law provides for the appointment of an attorney at no additional cost to the offender.
- The juvenile has the right to plead “not guilty”. Also, they are presumed innocent throughout the duration of the proceeding unless proven otherwise.
- The defendant has the right to bring up evidence that would help advance their case as well as confront witnesses.
- Defendants can choose to remain silent before and during the trial, and this would not be used against them.
- The juvenile has the right to appeal the case if they believe they did not get a favorable judgment.
Steps in the Juvenile Justice System
There are different steps or stages in the juvenile justice system, which includes:
#1. Delinquent Behavior
Delinquent behavior is typical in most young persons, with some of these acts dismissed. This dismissal occurs most significantly in environments where the presence of law enforcement agencies is not intense. These delinquent behaviors may include random fights, shoplifting, and even rowdy parties where young persons may have consumed alcohol.
However, in environments with more police presence, many of these behaviors will be criminalized. Once a delinquent behavior has been identified and arrests have been made, the juvenile gets introduced into the justice system.
#2. Arrest or Referral
It is not enough to commit a delinquent act. One has to be arrested or referred for trial in a juvenile court before being considered to have officially entered the juvenile justice system.
Many of the referrals are made by law enforcement agencies. However, a juvenile can be referred by their parents, crime victims, educators, and other individuals in the community.
#3. Diversion, Intake, or Dismissal
Just because a juvenile is referred does not mean they will be tried in the juvenile court. Instead, lawyers, probation agencies, or intake workers will look at the facts of the referral and determine if the case should be charged, treated informally, or dismissed. Whatever decision they arrive at will determine if the teenager will proceed to the next stage or not.
Once a juvenile goes into the intake, they may be transferred to an adult court to stand trial for a criminal offense depending on the severity of the offense committed. In some states, the juvenile court judge makes the transfer decision based on the prosecutor’s recommendations.
#4. Detention
This is the next stage in the juvenile justice system. Once an intake decision has been made, the judge will determine if the juvenile should be detained or allowed to continue living at home before the trial. Young persons considered a danger to the community may be detained until their court hearing. This detention trial is usually heard within 24 hours of making the intake decision.
#5. Adjudication and Disposition
The purpose of an adjudication hearing is to determine the fate of the young person based on the evidence presented to the court. Many juvenile cases opt for plea agreements without going through adjudication. Once the court decides that the juvenile is an adjudicated delinquent (which is equivalent to being found guilty in a criminal proceeding), the date for the disposition hearing is fixed.
In the disposition hearing, the appropriate punishment is given to the delinquent, all in a bid to bring about a behavior change. The juvenile is either placed on probation or in residential custody.
The Bottom Line
The juvenile justice system not only aims to make society a safe place but also provides a system through which young persons who are arrested for breaking the law can be rehabilitated and successfully reintegrated into society. Unlike the adult criminal justice system, the system takes a restorative approach in handling juveniles who commit offenses.
Have a tip we should know? tips@mediaite.com
