When a Minor Commits a Crime
When minors are eligible for juvenile court, and what to expect in juvenile court.
"Juvenile justice" is an umbrella term for the special procedures set up by every state to deal with young people whose cases belong in juvenile court. Juvenile courts handle most of the cases in which young people (usually called "juveniles" or "minors") are accused of committing crimes.
Eligibility for Juvenile Court
There is no set age by which a child is accountable in the juvenile court system. In general, a child under seven years of age is considered too young, while a child 14 or older is considered accountable for their crimes, either in juvenile or adult court. Children between the ages of seven and 14 occupy a middle ground, and prosecutors must demonstrate that the accused child is capable of forming the guilty mind required to be accountable in the juvenile court system.
Of course, the treatment of juveniles differs from state to state, judge to judge, cop to cop. And if differences of opinion generally exist about "getting tough on crime," the conflicting opinions on how to deal with minors accused of crimes are greater still.
Not every young person who commits an offense ends up in juvenile court. A police officer who suspects that a minor has committed a crime may:
- detain and warn the minor against further violations, and then let the minor go free
- detain and warn the minor against further violations, but hold the minor until a parent or guardian comes for the minor, or
- place the minor in custody and refer the case to a juvenile court.
Whether Case Goes to Juvenile Court
If the police refer a case to the juvenile court, a prosecutor or a juvenile court "intake" officer (often a probation officer) must then decide whether to:
- dismiss the matter
- handle the matter informally, or
- "petition" the matter by filing formal charges.
In some localities, the probation officer makes only a preliminary assessment of whether to file formal charges, and leaves the final decision to a prosecutor. (For more information, see Avoiding Formal Charges, below.)
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Copyright 2007 Nolo
