Juvenile Court Procedures in the United States

Juvenile Court Procedures

Introduction to Juvenile Court Procedures

Juvenile offender cases usually come to the court’s attention through police apprehension of a delinquent. At other times, a school official, parent, or guardian may refer a problem to the court. The court intake officer then evaluates the case and decides whether it should be ended without action, whether the child should be referred to a counseling agency, or whether the case should be heard in juvenile court. Depending on the nature of the charge, detention may be necessary.

If the case is to be heard formally, a petition is filed in juvenile court alleging the statutes violated by the child. In most juvenile cases, the child admits to the allegations and a treatment program is ordered. When the child denies the allegations, however, an adjudicatory hearing, much like a criminal trial, is held. At this hearing, the child is represented by a lawyer and has many other defendant’s rights. Since a minor will rarely have a jury trial, the judge hears the evidence and decides if the offenses were committed by the child. If the allegations are not proven, the case is dismissed; if they are proven, the judge may rule that the child is a delinquent or a status offender. A second hearing is then held to decide on the appropriate disposition or sentence. The most common disposition is probation, under which the child must abide by certain rules of behavior and report to the probation officer regularly. The court may order serious offenders committed to a juvenile institution.

In certain instances, alternatives to juvenile court action may be desirable. Alternatives for minor offenses include informal assistance from school counselors, mental health clinics, and a variety of youth-service agencies. Court intake often results in referral to such agencies. At the other extreme, the alternative for serious crimes and dangerous behavior is trial in criminal court, where children who murder, rape, or commit other such acts can be sentenced to prison.” (1)

Resources

Notes and References

• Information about Juvenile Court Procedures in the Encarta Online Encyclopedia

Guide to Juvenile Court Procedures