When Your Child is in Trouble with the Law
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
AT WHAT AGE CAN A CHILD BE CHARGED WITH A CRIME?
Each state has its own laws concerning crimes committed by children. In most states, a child under the age of seven or eight is usually considered to be lacking the mental capacity to commit a crime. Older children will generally not be charged with a crime unless a prosecutor can prove to a juvenile court judge that the child knew or should have known that he was committing a crime. However, great deference is paid to the prosecutor's decision to file a case, and as a general rule children over the age of eight will be fair game for criminal prosecution in juvenile court.
CAN A JUVENILE BE PROSECUTED AS AN ADULT?
Yes. Many states allow minors over the age of sixteen to be prosecuted as adults if they commit serious felonies like robbery or murder. Some states set the age at seventeen, and some go as low as fourteen when a homicide is committed. Because of rising crime rates, many other states are trying to lower the age at which a child can be tried as an adult (usually from eighteen to sixteen).In some states and under some circumstances, it takes a judge's approval, at a hearing, to "transfer" a juvenile's case to adult court. There are many factors that a juvenile court judge has to take into account when deciding whether a juvenile should be prosecuted as an adult, including
- the nature of the child's actions
- psychiatric evaluations
- past criminal record
WHAT RIGHTS DOES A JUVENILE HAVE?
Juveniles have many of the same rights as others accused of a crime, including the right to remain silent, the right to be free from unreasonable searches and seizures, and the right to a state-appointed lawyer. However, a juvenile usually doesn't have to offer the same level of proof of indigence as an adult would, although some states will consider the assets of the parents and decide whether they can afford to pay for an attorney.
HOW DO JUVENILE PROCEEDINGS DIFFER FROM THOSE FOR ADULTS?
A juvenile court proceeding is called a hearing, not a trial, and is held before a judge, not a jury. A juvenile has the same right as an adult to be released on bail, although first-time defendants and those charged with nonviolent offenses are often released to their parents' custody with no bail posted.Juvenile hearings are usually closed to the public, and the names of the offenders are usually withheld from the press. In many states the probation officers who supervise juveniles also play an important role in deciding on charges and making recommendations to the judge.
HOW ARE JUVENILES SENTENCED?
In juvenile court, unlike adult court, the main guide for the judge at sentencing is not supposed to be punishment. Rather, the judge, in theory, is supposed to consider what is in "the best interests of the child." Most juveniles who commit minor crimes are placed on probation and must report regularly to a juvenile probation officer. This differs from adult probation in that it is meant to rehabilitate and counsel, more than to punish. To that end, supervision may be closer, and is conducted by a special agency that works only with juveniles. The court will usually use probation instead of imprisonment as a form of sentencing. The sentence and probation may include ordering the juvenile- to go to school regularly
- to report to a counselor regularly
- to hold down a steady job
- to adhere to a curfew
WHAT ARE PRISONS FOR JUVENILES GENERALLY LIKE?
Juveniles who commit more serious crimes or who are repeat offenders may be sent to a juvenile detention facility. While these facilities generally have looser regulations than a prison, they are far more regimented than living at home. Some innovative "boot camps" for juveniles may actually be stricter than most jails. Many states have created a broad variety of juvenile institutions, which range from fairly open and comfortable to extremely confining and very strict. In this way, the juvenile court can best fit the child into an appropriate institution.Juveniles who are tried as adults usually face far heavier consequences. Depending on the state, they may be sentenced to a juvenile detention center until reaching age eighteen, at which time they may be moved into an adult prison. In many states, a juvenile tried as an adult can be punished as an adult -- meaning going to an adult prison. However, a juvenile tried as a juvenile cannot be sent to an adult prison. There are, however, a number of high-security juvenile homes for violent youths convicted of the most serious crimes, such as rape, assault with a weapon, and murder.
WHAT HAPPENS TO THE RECORDS OF A JUVENILE CASE?
It depends on the state. In some states it is up to the judge. Some may agree to issue an order forever sealing records of a juvenile arrest once probation has been successfully completed. This is the exception, however, and most courts will make juvenile records confidential but not seal them. This means that the public at large (including journalists and employers) will be blocked from access to these records, but certain governmental agencies, such as the state police, the FBI, or the U.S. State Department, may gain access to them.Some states, however, will allow a juvenile record to be erased or destroyed upon successful completion of probation.
