Categories of Children in the Juvenile Delinquency System
- A status offense, or petty offense, is an act that would not be thought of as a crime if engaged in by an adult. Behaviors such as running away, truancy, underage drinking or smoking, or violating curfew are all examples of status offenses.
- A delinquent act is one that would be considered a crime if committed by an adult. This can include acts ranging from theft or property crimes to more violent crimes like assault and murder.
- Children under 18 years old who commit traffic violations such as misdemeanor-level offenses, non-felony offenses or DWI, may be heard in the adult traffic court rather than juvenile court. This would depend upon state laws, age of child and the severity of the traffic offense.
- Children who commit felony-level acts of delinquency are subject to certification as an adult for the purposes of a hearing. If it is determined by the prosecutor or the court that the offense will be better handled by the juvenile system, a designation is made to extend jurisdiction to the juvenile court. A conviction in juvenile court would then result in a juvenile sentence, as well as a stayed adult court sentence. This designation remains in effect as long as the juvenile is compliant with his sentence. However, if he fails to satisfy conditions of his sentence, the adult sentence would then be imposed, including the possibility of adult prison.
- As many as 46 states require or authorize juvenile court judges to waive jurisdiction for particularly dangerous offenses that might better be served in adult courts. The age for juvenile certification varies from state to state, but can be as young as 14. There must be clear and convincing evidence indicating that public safety is at risk if the matter is handled in juvenile court. Extreme cases such as first-degree murder can go directly to the adult court without going through the juvenile court certification process, regardless of the child's past juvenile record.
Status Offenders
Delinquents
Juvenile Traffic Offenders
Extended Jurisdiction Juveniles
Juveniles Certified as Adults
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