Minors And The Law: Understanding Legal Consequences

When a minor breaks the law, the process and consequences are typically different from those of an adult. In most states, a juvenile refers to a person under the age of 18. Depending on the crime, a minor may be arrested and taken into temporary custody, where the police can hold them for up to 48 hours. After this period, the police will decide whether the minor should be released to a parent or taken to a juvenile detention facility. The decision to detain a minor is based on the seriousness of the charges, their criminal history, and whether they pose a safety risk to the community. If a minor is released, they may still be subject to further investigation, referral to a prosecutor or probation officer, or released with no further action. Juvenile court processes are generally more lenient than adult court systems, with less severe penalties and a focus on rehabilitation and accountability for young people. However, in certain circumstances, a minor can be tried in adult criminal court and face adult penalties. Understanding the legal rights of minors and the complexities of juvenile law is crucial for both parents and minors to navigate the legal system effectively.

Juvenile court processes

The first step in the juvenile court process is typically an arrest, after which an officer will decide if the minor should be released to a parent or taken to a juvenile detention facility. The decision to take the minor to a detention facility is based on the seriousness of the charges, their criminal history, and whether they pose a safety risk to the community. If the minor is taken to a detention centre, a detention hearing will follow to determine if they can be released home or should remain in detention.

In some cases, the police may choose to release a minor without further action, particularly if they don't have sufficient evidence for a conviction or feel that the time spent in custody is punishment enough. If the minor is released, the police may request that they return for further investigation, or they may be referred to a prosecutor or probation officer.

In court, juveniles have specific rights, including the right to a lawyer, the right to remain silent, the right to be notified of all charges, and the right to confront and cross-examine witnesses. Juvenile court processes are generally less formal than adult court processes, and the outcome of the trial depends more on what is best for the minor than on the crime itself. Judges in juvenile court have more options than those in adult court, and they consider factors such as the minor's age, emotional state, ability to accept responsibility, and the control that their parents have over their actions.

Juvenile court may also consider an alternative to formal court proceedings called a "youth diversion program". This option is typically available for first-time offenders or less serious violations and focuses on agreements and consequences rather than determining guilt.

In more severe cases, a minor may be tried in adult criminal court, particularly if they are 16 or older and have committed a violent felony.

Diversion programs

The structure and operation of diversion programs vary, but the overall goal is to address delinquent behaviour informally in the community to prevent subsequent offending. Some diversion programs are established to provide specialized programs to better meet the needs of youth with mental health and/or substance abuse concerns. Services provided for youth and families in diversion programs include screening and assessment, education and tutorial services, victim awareness classes and activities, service-learning programs, substance use education and counseling, mental health treatment, parenting skill development, and support for rebuilding family relationships.

In the United States, youth diversion programs can be implemented at the state or county level. For example, in California, the San Diego County District Attorney launched a youth diversion program in 2021 to address the underlying causes of behaviour that lead to youth arrests and reduce the number of young people entering the juvenile justice system. Similarly, in South Dakota, the Juvenile Justice Public Safety Improvement Act, enacted in 2015, calls for jurisdictions to expand their use of diversion programs. As a result, Brown County has experienced a 25% drop in juvenile petitions filed with the Fifth Judicial Circuit.

While diversion programs offer many benefits, there are also some potential drawbacks. These include net widening, where diversion programming is assigned to youth who otherwise would not have been in contact with the justice system, increased recidivism due to low-stakes consequences, and inequitable access, where Black and other non-White youth are disproportionately ushered into the formal juvenile justice system rather than being offered diversion programs.

Juvenile rights

• Definition of a Juvenile: A juvenile typically refers to an individual under the age of 18, but this can vary by jurisdiction. For example, in the US, the age of majority is determined by individual states, and in some contexts, such as alcohol-related laws, the age of a minor can be 21.
• Arrest and Detention: After a minor is arrested, the police can hold them for a certain period, such as 48 hours in Texas, to investigate and determine the next steps. The police will then decide whether to release the juvenile to their parents' custody or keep them in custody until the trial. The decision to detain a juvenile is usually based on the seriousness of the charges, criminal history, and potential risk to the community.
• Juvenile Court vs. Adult Court: Minors are typically tried in juvenile court, which focuses on rehabilitation and what is in the best interest of the child rather than solely on punishment. Juvenile court proceedings are often less formal, and juveniles may receive less severe penalties and have their records sealed to protect their future prospects. However, in certain circumstances, a juvenile can be tried as an adult in adult criminal court, especially for serious or violent felony crimes.
• Legal Rights of Juveniles: Juveniles have specific legal rights that must be upheld during the legal process. These include the right to have probable cause for searches and arrests, the right to make a phone call after an arrest, the right to be read their Miranda Rights, the right to an attorney, and the right to be notified of the charges against them.
• Bail and Sentencing: Minors are generally not eligible for bail and may be released back to their parents or kept in custody until the trial. Sentencing in juvenile court aims to hold juveniles accountable while focusing on rehabilitation. Sentences may include probation, community service, placement in foster care or detention centers, or alternative diversion programs.

Juvenile detention

After an arrest, a police officer will typically have the authority to decide whether to release the juvenile to their parent or legal guardian, or to take them to a juvenile detention facility. This decision is influenced by the seriousness of the charges, the juvenile's criminal history, and whether the minor is considered a safety risk to the community. If the juvenile is taken to a detention facility, a hearing will be held promptly to determine if they can be released back to their parents or if they should remain in detention until their trial.

The juvenile justice system aims to avoid incarceration whenever possible, focusing instead on rehabilitation and skill development. The specific procedures and sanctions employed depend on the nature of the offense, the juvenile's history, and the decisions of the court. One option is probation, where the minor is released back to their parents' custody but must regularly check in with a probation officer and may have to complete community service. In other cases, the minor may be placed in a detention facility or sent to foster care.

Juvenile court proceedings are different from adult court. The focus is on what is best for the teenager rather than solely on the crime itself, and the penalties are generally less severe. Juvenile records are often sealed to give youths a second chance without the stigma of a criminal record, though there are exceptions for certain serious offenses. Minors also have specific legal rights, such as the right to make a phone call after an arrest and the right to a lawyer.

The juvenile justice system strives to provide a restorative approach, offering youths the opportunity to learn from their mistakes and make positive changes without exposing them to the harshness of the adult prison system. The goal is to help them lead healthy and constructive lives, successfully reintegrating into their communities, and avoiding future contact with the justice system.

Juvenile criminal offenses

After an arrest, an officer decides whether to release the juvenile to their parent or legal guardian or to take them to a juvenile detention facility. This decision is influenced by the severity of the charges, the minor's criminal history, and whether they pose a safety risk to the community. Minors can be held in custody for up to 48 hours, after which the police must decide on the next steps, including the possibility of returning them to parental custody until the trial.

Juvenile court processes can be more lenient than adult courts, resulting in less severe penalties. Judges in juvenile courts consider what is in the best interest of the minor and aim for sentences that will help them in the future. Common consequences include probation, community service, fines, educational programs, counseling, and foster care placements. In more severe cases, a minor may be sent to a juvenile detention center or face adult penalties if tried as an adult.

Juvenile criminal records can have long-term impacts, affecting future employability, college applications, and other aspects of their lives. Therefore, it is crucial for minors facing criminal charges to seek high-caliber legal representation to navigate the complex juvenile justice system and mitigate potential consequences.

The specific procedures and punishments vary across different states and jurisdictions, with some states, like North Carolina and New York, treating 16 and 17-year-olds as adults in the criminal justice system. Understanding the rights of juveniles, such as the right to a lawyer, the right to remain silent, and the right to be notified of charges, is essential for both minors and their parents when navigating the legal system.

Frequently asked questions