Juvenile Justice Information

The juvenile justice system's primary focus is rehabilitation.

If a child in your family is facing a case in juvenile court, obtaining basic juvenile justice information is essential. Each state establishes a set of laws governing the operation and procedures of the juvenile justice system. Although there are similarities between the juvenile justice and the adult criminal systems, they are unique and distinct with different objectives and goals.

Function

The function of the juvenile justice system is to charge and adjudicate minors who violate the provisions of what would be the criminal law if an adult faced the same type of charge. In the juvenile court system, juveniles are not considered defendants. They are not convicted of crimes but rather adjudicated as offenders.

Considerations

Although there is a punishment aspect to juvenile justice, the primary consideration is rehabilitation. The ultimate goal of the juvenile justice system is to provide an adjudicated offender with the services necessary to address underlying problems. These services are designed to better ensure that a minor in the juvenile justice system does not re-offend.

Least Restrictive Alternative

The juvenile justice system in the United States utilizes a concept known as the least restrictive alternative. The concept means that upon adjudication, a juvenile offender is to be placed in a setting that represents the least restrictive alternative. For example, incarceration of a juvenile is a last resort. Placement with a family member is the preferred course unless the nature of the crime and the child's history renders such a possibility unacceptable.

History

Prior to the 19th century in the United States, a common judicial system existed for adults and juveniles. Juveniles faced incarceration in penal institutions with adults. By the mid-19th century, alterations in the judicial system commenced, beginning with separate institutions for incarcerating minors. By the beginning of the 20th century, individual states began developing separate court systems and procedures for juveniles.

Expert Insight

Although the prime objective is rehabilitation in the juvenile court system, this does not mean that a juvenile case is not a serious matter. If a member of your family is facing charges in juvenile court, the best interests of the child likely is best served by obtaining experienced legal representation. State and local bar associations maintain directories of attorneys in different practice areas, including juvenile law. Contact information for these organizations is available through the American Bar Association:

American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org/barserv

References

• Law Info: Juvenile Justice System
• Cornell Law School: Juvenile Justice Overview
• American Bar Association: History of Juvenile Justice

Resources

• U.S. Department of Justice: Office of Juvenile Justice and Delinquency Prevention
• American Bar Association: Directory of State and Local Bar Associations