juvenile justice: an overview
Juvenile justice is the area of criminal law applicable to persons not old enough to be held responsible for criminal acts. In most states, the age for criminal culpability is set at 18 years. Juvenile law is mainly governed by state law and most states have enacted a juvenile code. The main goal of the juvenile justice system is rehabilitation rather than punishment.
Juveniles can be transferred into adult court if the juvenile court waives or relinquishes its jurisdiction.
State statutes creating juvenile courts and providing methods for dealing with juvenile delinquencey have generally been upheld by courts as an acceptable extension of state police power to ensure the safety and welfare of children. The doctrine of parens patriae authorizes the state to legislate for the protection, care, custody, and maintenance of children within its jurisdiction.
The federal role in the field has largely been that of funder and standard setter. Congress passed the Juvenile Delinquency Prevention and Control Act in 1968. This was later revised in 1972, and renamed the Juvenile Delinquency Prevention Act. The stated purpose of the act is to assist states and local communities in providing community based preventative services to youths in danger of becoming delinquent, to help train individuals in occupations providing such services, and to provide technical assistance in the field.
The Federal Juvenile Delinquency Act defines juvenile delinquency (any act that is othewise a crime, but is committed by someone under 18 years of age) and sets forth rules by which state laws must comply with regard to juvenile court procedures and punishments.
menu of sources
U.S. Constitution and Federal Statutes
- Uniform Laws
- Model Juvenile Court Act (adopted in Georgia, North Dakota, and Pennsylvania)
- State Statutes
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Key Internet Sources
- National Criminal Justice Reference Service - Juvenile Justice
- Office of Juvenile Justice and Delinquency Prevention
- Coordinating Council on Juvenile Justice and Delinquency Prevention
- National Youth Gang Center
- Juveniles and the Law (Nolo)
Useful Offnet (or Subscription - $) Sources
- Good Starting Point in Print: Martin R. Gardner, Understanding Juvenile Law, Matthew Bender (2003)