Battaglia Law Office, LLCDelinquency Proceedings

The Prosecuting Attorney may file a Delinquency Petition if a child under 18 years of age commits a delinquent act. A juvenile delinquency proceeding is essentially a closed bench trial. A juvenile has constitutional rights under the due process clause of the constitution when there is a possibility of detention following the proceeding. These rights include adequate notice, the assistance of counsel, the privilege against self-incrimination, and the privilege of confronting and cross-examining the witnesses. The due process clause also requires proof beyond a reasonable doubt when a juvenile is charged with an act that would constitute a crime if committed by an adult. Juveniles do not have a constitutional right to a jury trial in juvenile court.

Limitations Regarding Disclosure of Identity and Information About Proceeding

There are limitations regarding the identity of a juvenile and information about the juvenile proceedings. The usual methods of complying with these limitations include filing documents in the case under seal, using the juvenile's initials or "John Doe" to describe the juvenile in pleadings, and conducting proceedings in a closed courtroom or in chambers.

Juveniles Have Many of Same Legal Protections as Adults

While much of the delinquency system resembles criminal cases in adult court, most states' legal authority for juvenile justice primarily falls under civil law. Suspected young offenders are called respondents, not defendants. However, delinquent children have many of the same legal protections as adult criminal defendants. They have the right to an attorney, the right to remain silent, the right to confront accusers, the right to cross-examine witnesses, and the right to appeal to a higher court.

Juvenile Court Judge

In most states, police who detain a child suspected of a crime are required to take the child before a juvenile court judge as soon as it is practical. State laws vary on whether child suspects can be questioned without their parents being present. Although juveniles are not constitutionally entitled to a jury by their peers, most states allow jury trials for juveniles but limit the number of jurors to six.

Three Dispositional Options

If convicted or found responsible for an act of delinquency, a juvenile generally faces three dispositional options. Juvenile court judges can: (1) warn and dismiss, which involves lecturing the child about obeying the law and his or her parents followed by dismissal of the case; (2) probation, which involves placing the child under the supervision of court probation officers while he or she continues living at home; or (3) commit the child to a government agency for rehabilitation services, which often includes placement in a residential facility such as a reform school.

Rehabilitation Programs

In most states, juveniles do not serve a specific amount of time. Convicted juveniles face a disposition hearing. Delinquent youths can be placed in facilities and put through a program of education and counseling for an indefinite period of time or until they turn 21. Caseworkers overseeing the youth's rehabilitation periodically report to the juvenile court judge about the child's progress. If a child fails to cooperate with rehabilitation programs, case workers can ask the judge to place the child in a facility with a higher level of security. If a child is making progress, case workers can ask the court to move the child to either a non-secure facility or to a community-based program. In community-based programs, juveniles live at home with their families while attending required counseling sessions, school, and other programs ordered by the court.

Judge Determines End of Rehabilitation Efforts

Juvenile court judges decide when rehabilitation efforts should end and when a delinquent youth can safely be returned home. Most states allow serious juvenile offenders to be charged as adults. Sometimes, those decisions are made initially by prosecutors. At other times, prosecutors ask a juvenile or family court judge to allow them to try a juvenile as an adult in proceedings that are called transfer hearings or waiver-of-jurisdiction hearings.

Transfer Hearings

In transfer hearings, prosecutors must convince the judge that the juvenile or society at large is best served by having the youth tried in the adult system. Factors that are considered include the youth's past history with the juvenile justice system and whether he or she already had an opportunity to reform, the age and maturity of juveniles who may be too mature for most juvenile rehabilitation programs, the seriousness of the offense, and whether public safety is best served by having the juvenile locked up for many years.