Difference in Treatment of Juvenile Vs. Adult Offenders

There are juvenile and adult offenders--and juveniles treated as adults.

The United States does not have a standardized juvenile justice system; each state follows its own discrete system with its own laws and conventions. Commonalities and differences exist between treatment of juvenile and adult offenders. There is significant overlap, however, as some juveniles remain in the juvenile justice system, while others are tried and convicted as adults in criminal court.

Different Philosophies, Some Commonalities

Different philosophies underly the juvenile and adult legal systems. The primary justifications for a separate juvenile court system are rehabilitation and treatment, with a secondary focus on community protection. Adult criminal courts are predicated on punishment and deterrence. This philosophical divide drives many of the differences between juvenile and adult treatment. Overall, juvenile justice systems are more protective of the accused so as to avoid stigmatization. Of course, juveniles have many of the same legal protections as their adult counterparts: the right to remain silent, the right to an attorney, the right to confront accusers and cross-examine witnesses and the right to appeal to a higher court.

Transfer from Juvenile to Criminal Court

Via myriad transfer mechanisms, all states allow adult criminal prosecution of juveniles under some circumstances. The National Center for Juvenile Justice reports in a 2008 analysis that direct file laws in 15 states allow prosecutors to decide whether a juvenile offender will be tried as an adult in certain categories of cases, which may have to do with age, offending history and/or the nature of the offense. Almost half the states do not specify a minimum age for at least one statute that transfers juveniles to criminal court; of the remaining states, the minimum age for transfer ranges from 10 to 15 years.

Mandated Prosecution in Criminal Court

Transfer is not the only method for getting juvenile offenders into adult criminal court. In the same analysis, the National Center for Juvenile Justice found that 29 states had statutory exclusion laws that carve out offenses for which prosecution as an adult is, in fact, mandatory. As of January 2010, two states prosecute all 16- and 17-year-old juvenile offenders as adults. As of January 2011, Campaign for Youth Justice estimates that 200,000 juveniles are treated as adults in the criminal court system each year.

Juvenile Court Summary

* Alleged offenders are referred to as "respondents."

* Respondents are subject to a hearing before a judge but not entitled to a trial before their peers--that is, other juveniles.

* A case-work approach is taken, which includes the youth's history as well as legal facts.

* Court proceedings may be private to protect confidentiality.

* Juveniles who have been found responsible are judged to be "delinquent."

* Juvenile delinquents are given a disposition.

* Public access to juvenile records is limited.

Criminal Court Summary

* Alleged offenders are referred to as "defendants."

* Defendants face a trial, whether before a judge or a jury of their peers.

* Adjudication is based almost exclusively on legal facts.

* Court proceedings are always open to the public.

* The accused is found "guilty" or "not guilty."

* Guilty defendants are sentenced.

* Criminal records are available to the public.

References

• National Center for Juvenile Justice: National Overview
• Campaign for Youth Justice: Media Fact Sheet--Jails, Prisons, and Juveniles