Juvenile Justice System Versus Adult Justice
System
Minors are not prosecuted for committing crimes, but rather delinquent acts. When the delinquent acts are
very serious, they may be considered crimes and the minor may be tried in the adult system. Minor’ don’t
have a right to a public trial by jury.
For a minor charged with a crime, the trial portion of the case involves a judge hearing evidence and
ruling on whether the minor is delinquent. This is called an adjudication hearing.
After the minor has been deemed delinquent, the court will determine what action should be taken.
This stage differs from the adult system in the purpose of the action. In the adult system, the goal is to
punish. In the juvenile system, the goal is to rehabilitate and serve the minor’s best interest. Juvenile
courts are often more informal than those for adults. For example, rules about the admissibility of
evidence may be more lenient.
Juvenile courts deal with two types of offenses. Minors charged with status offenses are accused of doing
something that would have been legal but for the minor’s age when committing the act. Such offenses by a
minor can include possession of alcohol or driving a motor vehicle before the being issued a driver’s
license. This is a less serious category of charges than delinquency crimes, which are offenses committed by
a minor that would be crimes, regardless of age.
A minor facing a juvenile criminal case is not entitled to a jury trial. A juvenile court judge or
commissioner will decide the minor’s guilt or innocence. The burden of proof is the same as in adult
court; the prosecutor must present enough evidence to convince the judge beyond a reasonable doubt that
the minor is guilty of the crime. Unfortunately, in juvenile criminal cases, there is no such thing as
bail. The court decides to either release the minor to the parents, pending the outcome of the case, or the
minor is detained in juvenile hall. Due to the serious nature of criminal charges in juvenile court, the
minor has the right to be represented by an attorney at all stages of the proceeding.
When a minor over age 14 is accused of certain serious crimes, the prosecutor may decide to try the
accused as an adult. When a minor is facing such a charge, retaining the services of an experienced
juvenile criminal defense attorney is critical. A minor tried as an adult and found guilty can face adult
consequences, which can mean many years in prison.
Minors taken into custody must be brought to court within 48 hours of their arrest and be advised of
the charges against them. At the first court hearing, called the detention hearing, the court will decide
whether to release the minor to the parents or to detain the minor in custody pending the trial. It’s
important for the minor to have an attorney at the outset of the case so the attorney can prepare for the
detention hearing and try to convince the court that the minor will not be a risk to the community if
released and supervised by the parents under strict conditions.
System
Minors are not prosecuted for committing crimes, but rather delinquent acts. When the delinquent acts are
very serious, they may be considered crimes and the minor may be tried in the adult system. Minor’ don’t
have a right to a public trial by jury.
For a minor charged with a crime, the trial portion of the case involves a judge hearing evidence and
ruling on whether the minor is delinquent. This is called an adjudication hearing.
After the minor has been deemed delinquent, the court will determine what action should be taken.
This stage differs from the adult system in the purpose of the action. In the adult system, the goal is to
punish. In the juvenile system, the goal is to rehabilitate and serve the minor’s best interest. Juvenile
courts are often more informal than those for adults. For example, rules about the admissibility of
evidence may be more lenient.
Juvenile courts deal with two types of offenses. Minors charged with status offenses are accused of doing
something that would have been legal but for the minor’s age when committing the act. Such offenses by a
minor can include possession of alcohol or driving a motor vehicle before the being issued a driver’s
license. This is a less serious category of charges than delinquency crimes, which are offenses committed by
a minor that would be crimes, regardless of age.
A minor facing a juvenile criminal case is not entitled to a jury trial. A juvenile court judge or
commissioner will decide the minor’s guilt or innocence. The burden of proof is the same as in adult
court; the prosecutor must present enough evidence to convince the judge beyond a reasonable doubt that
the minor is guilty of the crime. Unfortunately, in juvenile criminal cases, there is no such thing as
bail. The court decides to either release the minor to the parents, pending the outcome of the case, or the
minor is detained in juvenile hall. Due to the serious nature of criminal charges in juvenile court, the
minor has the right to be represented by an attorney at all stages of the proceeding.
When a minor over age 14 is accused of certain serious crimes, the prosecutor may decide to try the
accused as an adult. When a minor is facing such a charge, retaining the services of an experienced
juvenile criminal defense attorney is critical. A minor tried as an adult and found guilty can face adult
consequences, which can mean many years in prison.
Minors taken into custody must be brought to court within 48 hours of their arrest and be advised of
the charges against them. At the first court hearing, called the detention hearing, the court will decide
whether to release the minor to the parents or to detain the minor in custody pending the trial. It’s
important for the minor to have an attorney at the outset of the case so the attorney can prepare for the
detention hearing and try to convince the court that the minor will not be a risk to the community if
released and supervised by the parents under strict conditions.
