Sentencing Juvenile Offenders

“No man is above the law and no man is below it, nor do we ask any man’s permission when requiring him to obey it. Obedience to the law is demanded as a right, not as a favor.” This Theodore Roosevelt quote is often used to advocate the rights of criminal courts trying cases involving juveniles. Juvenile courts exist to serve and rehabilitate under aged offenders.  Many may also dispute that the juvenile was brought up with the conception that this behavior is acceptable. To a certain extent, these arguments are true. However, we must have consequences for our actions in order to maintain some form of civilization. Juvenile crime rates, as well as the number of juveniles sentenced by the adult court systems (also called Criminal Court) have skyrocketed in recent years. The fact remains that that these laws are not having the desired effect. In fact, they may be backfiring on us, creating repeat offenders at early ages.

Prosecution in a juvenile case always begins with the police officers involved in the case report(s) made against the juvenile. There are 3 options for law enforcement when dealing with those who are under age 18. They use their personal judgments in each case, and decide which option to choose. Officers can reprimand and release the delinquent, which usually doesn’t involve notification of parents or courts. If the officer chooses to reprimand the minor, he may also detain them until a parent comes for them. Police reports are then filed, making a record of detention. Lastly, if an officer sees fit, he may place them in custody and pass the case onto juvenile courts. In these cases, officials use a 7-point system to decide where to go from there.

Truancies in school, fistfights, gang affiliation, and general disregard for authority are usually tried in juvenile courts. These offenses are seen as mere “misjudgments” or “mistakes” and are considered a learning experience. The defendants are usually first time offenders and show remorse for their crimes. More lenient sentences are handed down in the juvenile courts, as the ultimate goal is to ‘rehabilitate’ not punish the underage offenders. Judges must take into account reports of the youth’s history (criminal or otherwise) in order to meet their specific needs. Then they will be sentenced accordingly. Sentences that call for the minor to be detained are served in facilities used expressly for juveniles. Group homes, shelters, detention centers, or boot camps are the most popular. For those who are sentenced, but not be detained in a facility; community service, counseling, and house arrest are among the many options available. Most juvenile offenders do not return to the system and all records of criminal activity will be sealed at age 18. The minor will be less likely to commit crimes as an adult, as they have been successfully rehabilitated. However, repeat or violent offenders will be referred to Criminal Court at the judge’s discretion.