Juvenile Justice: When Do Minors Become Legal Adults?

The age at which a juvenile becomes an adult in the eyes of the law varies across different legal jurisdictions. In most states within the United States, a person becomes a legal adult at 18 years old. However, in exceptional circumstances, a juvenile may be tried as an adult. This typically occurs when a juvenile commits a violent crime, such as rape or murder, or is a repeat offender. The decision to try a juvenile as an adult is often made by a judge who will consider factors such as the nature of the crime, the juvenile's criminal history, and their capacity to understand the consequences of their actions.

Age of majority

The age of majority is the threshold of legal adulthood as recognised or declared in law. It is the moment when a person ceases to be considered a minor and assumes legal control over their person, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them.

The age of majority is generally considered to be 18, but this varies by jurisdiction. In the US, for example, the age of majority is 18 in most states, but 19 in Alabama and Nebraska, and 21 in Mississippi. In the UK, the age of majority is 18, but in Scotland, it is 16.

The age of majority should not be confused with the age of maturity, age of sexual consent, age of criminal responsibility, marriageable age, school-leaving age, legal working age, drinking age, driving age, voting age, smoking age, gambling age, etc. These may be independent of and set at a different age from the age of majority.

The term "age of majority" can be confused with the similar concept of the "age of license", which also pertains to the threshold of adulthood but in a much broader and more abstract manner. As a legal term of art, "license" means "permission", which leads to the implication of a legally enforceable right or privilege. Thus, an age of license is an age at which one has legal permission from a given government to participate in certain activities or rituals. The age of majority, on the other hand, is a legal recognition that one is gradually becoming an adult, not necessarily stating that one is legally allowed to partake in any or all activities specified for adults.

Age of criminal responsibility

The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence of infancy, which is a form of defence known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions.

The terminology regarding such a defence varies by jurisdiction and legal sphere. "Defence of infancy" is a mainly US term. The "age of criminal responsibility" is used by most European countries, the UK, Australia, New Zealand, and other Commonwealth countries.

The minimum age of criminal responsibility (MACR) is a term commonly used in the literature. The age of criminal responsibility is the age at which any offence automatically subjects an individual to adult court jurisdiction.

History of the Age of Criminal Responsibility

Historically, under English common law, the defence of infancy was expressed as a set of presumptions in a doctrine known as doli incapax. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7–13 were presumed incapable of committing a crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what they were doing and that it was wrong.

The age of criminal responsibility varies across the world. Here are some examples:

• In Scotland, the age of criminal responsibility was raised from 8 to 12 in 2020.
• In England, Wales, and Northern Ireland, the age of responsibility is 10 years.
• In the Netherlands and Canada, the age of responsibility is 12 years.
• Sweden, Finland, and Norway all set the age at 15 years.
• In the United States, the minimum age for federal crimes is 11 years. State minimums vary, with 24 states having no defined minimum age, and defined minimums ranging from 7 years in Florida to 13 years in Maryland and New Hampshire.
• In Australia, there is a rebuttable presumption of incapacity until age 14. Juvenile offenders aged 14–17 are always held criminally responsible but are tried as young/juvenile offenders, meaning they generally receive more lenient sentences compared to adults.
• In China, the minimum age of criminal responsibility is 14.
• In Brazil, the minimum age of criminal responsibility is formally identified as 18 in the Brazilian Constitution. However, children as young as 12 can be subject to penalties indicative of criminal responsibility, such as deprivation of liberty.
• In Chile, the minimum age of criminal responsibility is described as 18, but child offenders can be subject to "socio-educative measures", including deprivation of liberty, for criminal offences from the age of 14.
• In the United Arab Emirates, the minimum age of criminal responsibility is 15 in Somaliland and 14 in the rest of the country.

Impact of Adolescent Development Research on Age of Criminal Responsibility

Research on adolescent development has influenced efforts by some jurisdictions to reconsider the age of criminal responsibility. For example, the "Raise-the-Age" reform in the US refers to laws that jurisdictions enact to increase the age of criminal responsibility, thereby expanding the scope of juvenile jurisdiction. Since 2007, 111 states have created legislation to raise the age of criminal responsibility to 18. In 2018, Vermont became the first state to raise the age of responsibility to 20.

Exceptions to the Age of Criminal Responsibility

It is important to note that the age of criminal responsibility is not always a fixed minimum age, and there may be exceptions or special circumstances that apply. For example, in some jurisdictions, prosecutors or judges may have discretion to argue or rule on whether a child defendant understood the difference between right and wrong, even if they have not reached the age of criminal responsibility. Additionally, in some countries, a juvenile court may handle cases involving crimes committed by minors, where the offender is found "responsible" rather than "guilty" of a criminal offence.

Juvenile court jurisdiction

The age boundaries of juvenile court jurisdiction vary across states but generally include minors under the age of 18. In most states, juvenile courts have jurisdiction over minors through the age of 17, but this can range from age 16 to 21 in other states. Some states, like California, have jurisdiction over minors aged 12 to 17 and certain minors under 12.

Juvenile courts typically handle cases involving delinquency, status offenses, abuse or neglect, and family matters such as adoption and emancipation. Delinquency offenses are those that would result in criminal prosecution if committed by an adult, while status offenses are non-criminal acts that are only considered violations due to the youth's age, such as truancy, running away from home, or violating curfew.

The specific procedures and purposes of juvenile courts can differ significantly from state to state. Some states focus on punishment or accountability, while others emphasize prevention and rehabilitation. In some cases, juveniles may be tried as adults, particularly for serious or violent offenses, and can face adult criminal court and adult prison sentences.

Juvenile court processes often include detention or initial hearings, pretrial conferences, transfer hearings (to determine if a youth should be tried as an adult), jurisdictional hearings or trials, and disposition hearings where the judge decides on the consequences or "punishment".

The juvenile justice system aims to provide positive social development and rehabilitation for youths, recognizing that adolescent development continues well into young adulthood and that youths may require different approaches to accountability and punishment compared to adults.

Criminal history

The age at which a juvenile becomes an adult by law varies across different jurisdictions. This is a complex issue, with many nuances and exceptions, but I will attempt to outline some general principles.

In terms of criminal history, the age of a person is a critical factor in determining how they will be treated by the justice system. In the United States, the juvenile justice system has evolved through four distinct periods since the creation of the first juvenile court in Chicago, Illinois, in 1899: the Progressive Era (1899–1960s), the Due-Process Era (1960s and 1970s), the Get-Tough-on-Crime Era (1980s and 1990s), and the contemporary Kids-Are-Different Era (2005 to the present).

The juvenile justice system aims to hold youths accountable for their actions while also focusing on rehabilitation rather than punitive sanctions. This system recognises that children who commit crimes are less blameworthy than adults and have a greater capacity for change. Originally, juvenile court proceedings were informal, and defendants lacked legal representation. However, following the landmark 1967 U.S. Supreme Court decision In re Gault, juveniles were granted many of the same due process rights as adults, including the right to an attorney and the right to confront witnesses.

The minimum and maximum age boundaries for juvenile court jurisdiction vary across states. While most states have defined maximum ages (usually 16 or 17) for delinquency or status offenses, many states do not have a minimum age for prosecution. This means that even very young children can be brought before the juvenile court. However, children under the age of 12 are generally not considered competent to stand trial and are unlikely to benefit from juvenile justice interventions.

In recent years, there has been a push to ""Raise the Age" of criminal responsibility, with several states enacting legislation to expand the scope of juvenile jurisdiction. This movement aims to prevent youths from entering the adult criminal justice system and protect them from the negative effects of incarceration in adult prisons.

The specific details of when a juvenile case can be transferred to adult court and the minimum age for prosecution as an adult vary by state and the nature of the offense. For example, in some states, juveniles as young as 10 can be waived into adult court for certain crimes, while other states have no minimum age for a bind-over to adult court.

Additionally, some states have implemented blended sentencing laws, which allow juveniles to receive both juvenile and adult sentences for certain offenses. The specific requirements differ by state but can include serving a juvenile sentence first, with the adult sentence being waived if the youth complies with the juvenile sentence.

In conclusion, the age at which a juvenile becomes an adult by law in the context of criminal history is complex and varies across jurisdictions. The juvenile justice system aims to balance accountability and rehabilitation, recognising the unique qualities of youth. While there have been efforts to raise the age of criminal responsibility, there is still variation in how juvenile cases are handled across different states in the United States.

Nature of the crime

The nature of the crime committed is a key factor in determining whether a juvenile will be charged as an adult. The juvenile justice system is designed to rehabilitate youths rather than punish them with sanctions in the adult criminal justice system. However, in some cases, the nature of the crime may warrant a harsher punishment and a different approach to rehabilitation.

Juveniles who commit violent crimes, such as rape, murder, or aggravated assault, are more likely to be tried as adults. The heinous nature of these crimes may lead to the conclusion that the juvenile justice system is not equipped to handle such cases. In these situations, the focus shifts towards punishment and deterrence rather than rehabilitation.

Additionally, the specific circumstances of the crime can also influence the decision to charge a juvenile as an adult. Factors such as the impact of the crime on the victim, the juvenile's family background, mental state, and capacity to understand the consequences of their actions are all taken into consideration. If it is determined that the juvenile poses a threat to public safety or that their needs are better served in the adult system, they may be charged as an adult.

The age of the juvenile at the time of the offense also plays a role in this decision. Most states have a minimum age threshold, often 16, below which juveniles are generally not tried as adults. However, some states have lower minimum ages, and in certain circumstances, juveniles as young as 13 can be charged as adults.

The criminal history of the juvenile is another significant factor. If the juvenile is a repeat offender, it may indicate that they are not amenable to rehabilitation within the juvenile justice system. In such cases, the judge may decide to charge them as an adult, especially if their previous offenses were similar in nature to the current crime.

Ultimately, the decision to charge a juvenile as an adult is a complex one and varies across different states and jurisdictions. The nature of the crime is a critical factor in this determination, but it is considered alongside other factors to ensure that the outcome is in the best interest of both the juvenile and the public.

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