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.
State Jurisdiction
State statutes creating juvenile courts and providing methods for dealing with juvenile delinquency 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.
Juveniles can be transferred into adult court if the juvenile court waives or relinquishes its jurisdiction.
Federal Standards
At the federal level, the Juvenile Justice and Delinquency Prevention Act (JJDP) is the main federal statute relating to juvenile justice. JJDP assists states and local communities in providing community-based services to juveniles in danger of becoming delinquent, helps to train individuals in occupations providing such services, and provides technical assistance in the field.
Further Reading
For more on juvenile justice, see this American Bar Association article, this Massachusetts General Hospital Center for Law, Brain, & Behavior article, and this issue of the Journal of Juvenile Justice.
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Federal Material
U.S. Constitution and Federal Statutes
- Title 42 U.S.C., Chapt. 72 - Juvenile Justice and Delinquency Prevention
- CRS Annotated Constitution
State Material
State Statutes
- Uniform Laws
- Model Juvenile Court Act (adopted in Georgia, North Dakota, and Pennsylvania)
- State Statutes
Judicial Decisions
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Other References
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)
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