Define the Juvenile Justice System
Defining the juvenile justice system requires understanding its components and terminology. Juvenile justice is the youth equivalent of the criminal justice system. The juvenile system recognizes that children may not understand that their actions are wrong and can be influenced by outside forces. The system assumes young offenders are receptive to rehabilitation. Most states set the upper age for entry into the juvenile justice system at 18.
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Status Offense
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Juveniles are subject to arrest for status offenses. These are laws that apply only to juveniles because of their status as children. Examples of status offenses include curfew laws, minor in possession laws or truancy.
Diversion
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Diversion is an alternative to keep first-time offenders out of the court system. According to the Cape and Islands District Attorney's Office, the juvenile diversion program is a nationwide effort to provide greater efforts at rehabilitation for juveniles. Some jurisdictions have Youth Court programs. Youth courts vary in detail, but the idea behind youth courts is putting peer pressure to work in a positive way by letting other youths determine punishment.
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Detention
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Juvenile detention is the youth equivalent of jail. In theory, having children separate from adult offenders prevents the negative influence of housing children with hardened criminals and allows more focus on rehabilitation. In reality, according to a 2000 report by the Coalition for Juvenile Justice, 10 percent of youth offenders get housed in adult facilities. The United States Department of Justice Office of Juvenile Justice and Delinquency Prevention focuses on improving juvenile detention.
Adjudication
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Juvenile offenders were given the right to due process through two Supreme Court cases. "In re Gault" gave juveniles the right to remain silent and the right to know the charges against them. "In re Winship" established that proof beyond a reasonable doubt applies to delinquency hearings. Juveniles do not have the right to a jury. Trials in the juvenile system are called adjudication hearings, and juveniles are not "found guilty"---they are "adjudicated delinquent." In some serious cases, or for juveniles with a long record, a judge might find that the interests of justice are better served if the juvenile is "waived" into adult court, and tried as an adult.
Sealing or Expunging a Juvenile Record
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Most state juvenile codes are similar to California Welfare and Institutions Code Section 781, which allows juvenile records to be sealed. Sealing a record does not mean destroying the record, but rather puts it in a separate file. General police inquiries as to the person's criminal history will say that the person has a juvenile record, but the officer will not be given details without a court order. Employment record checks show that the person has no record.
Expungement is the deletion of a juvenile record. Not all states allow expungement, but most of those that do have a code similar to that of Utah. For a record to be expunged In Utah, the person seeking expungement has to apply to the court, showing that she is at least 18 years old, has no adult record and that at least one year has passed since completion of probation in the juvenile case.
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References
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