By Cromwell A. Henry
 |
|
Cromwell A. Henry
|
Juvenile Law is an area of the law that deals with the actions and well-being of persons who are not yet adults. In law a juvenile is defined as a person under the age of eighteen years.
A child is defined as a person under the age of 14 years, and a young person is defined as a person who has attained the age of 14 years and is under the age of 18 years.
The law conclusively presumes that no child under the age of eight years can be guilty of any offence.
When a young person or child is charged with any offence punishable on summary conviction, the magistrate shall unless the child or young person is charged jointly with any other person not being a child or young person, sit in the juvenile court established.
Juvenile courts generally have authority over three categories of juveniles: those accused of criminal conduct; those neglected or abused by their parents or guardian and those in need of assistance from the state.
Juveniles are separated and labeled based on the reason for their juvenile court appearance and the facts of their case. Delinquents, abused or neglected children and children in need of services. Delinquents are juveniles who have committed acts that would result in criminal prosecution if committed by an adult. Abused or neglected children are those who are suffering from physical or emotional abuse. Children in need of services are children who are not abused or neglected but are needy in some other way. These children are usually from impoverished homes and require improved nutrition and basic health care.
Generally, the procedures for dealing with abused, neglected, and needy children are less formal than the procedures for dealing with alleged delinquents. The subsequent treatment of non-delinquent juveniles by the courts is also markedly different from the treatment of delinquents. Separation of non-criminal cases from criminal cases removes some of the stigma attached to appearance in juvenile court.
The mission of juvenile courts differs from that of adult courts. Juvenile courts are not generally interested in ordering punishment. Instead, they respond to juvenile misconduct and misfortune by ordering rehabilitative measures or assistance from government agencies. The juvenile court response to misconduct generally is more lenient than the adult court response.
Juvenile court proceedings are conducted in private, whereas adult proceedings are public. Also, whereas adult criminal courts focus on the offense committed and appropriate punishment, juvenile courts focus on the child and seek to meet the child's needs through rehabilitation, supervision, and treatment. Adult courts may deprive adults of their liberty only for the violation of criminal laws. Juvenile courts, by contrast, are empowered to control and confine juveniles based on a broad range of behavior and circumstances.
Juveniles charged with a crime do not have the right to a jury trial in juvenile court. All juvenile cases are heard by a Magistrate. At trial a prosecutor representing the state presents evidence against the juvenile, and the juvenile has an opportunity to respond to the evidence. The juvenile has the right to receive notice of the charges against him/her, to confront and question witnesses, to be free from self-incrimination, and to be represented by an attorney. The juvenile may not be adjudged guilty unless the prosecution has proved its case beyond a reasonable doubt. This is the same high standard of proof required in adult criminal trials.
The harshest disposition of a juvenile case is commitment to a secure reformatory for rehabilitation. A secure reformatory is usually called a youth development center or something similar suggesting rehabilitation. Secure reformatories resemble adult prisons in that the inmates are locked inside. The professed goal of reformatories is rehabilitation, but the unspoken goal is often confinement of the juvenile for the protection of the community.
Not all findings of delinquency result in commitment to a secure facility. Juvenile courts usually have the discretion to order any combination of probation, community service, medical treatment, fines, and restitution. Probation releases the juvenile into the community under the supervision of a probation officer. As a part of probation, juveniles often must fulfill certain conditions identified by the juvenile court and the probation officer. These conditions can range from attending school and meeting certain performance requirements, to abstaining from drugs or alcohol.
If the juvenile does not fulfill the conditions or commits another offense, she or he may be committed to a secure facility.
Juveniles that are abused or neglected may be removed from home and placed in a state-approved foster home or some other state facility. Such facilities are usually not secure. However, juveniles ordered to such facilities are required to remain there for the period specified by the Magistrate. If they do not, they may be committed to a secure facility.
