What Is Juvenile Crime?
Posted on September 3, 2008
Filed Under Criminal Law, Felonies, Gangs, Juvenile Justice, Law, Los Angeles, Process, misdemeanor |
In California, adolescents under the age of 18 are generally processed under the juvenile justice system. Juvenile crimes differ from adult crimes in the type of offenders and the manner in which they are processed. Juvenile courts handle individuals between the ages of 10 and 17 who have violated criminal statutes or committed what are called status offenses like curfew violations, truancy, running away or incorrigibility. Status offenses apply only to juveniles and would not be considered a legal issue if committed by an individual over the age of 18.
In a 2006 report issued by the California Department of Justice’s Criminal Justice Statistics Center, more than half (56.3%) of the juveniles arrested in California were arrested for misdemeanor offenses, just over a quarter (28%) were charged with a felony offense, and the rest (15.7%) were arrested for status offenses. More than four times as many blacks and Asians than whites were processed under the juvenile justice system.
Eight out of 10 of those arrested were referred to county probation departments where approximately 50% were formally processed through juvenile court. Just over one-third (35.2%) of the cases referred to county probation departments were closed during intake with no further action taken. About a quarter (24.4%) of the juveniles referred were actually detained while awaiting disposition by juvenile court. In court, 20% of the juvenile court cases were dismissed. A majority of the individuals processed through juvenile court (61.9%) were made wards of the court and allowed to return home under supervision by the probation department.
Not all juveniles are tried in juvenile court. Juveniles can be transferred to the adult criminal justice system either directly by the District Attorney because of the seriousness of their crime or prior criminal history or by failing a fitness hearing in juvenile court. Of the juvenile dispositions filed in adult court, 77.6% resulted in convictions.
The focus in juvenile court is to rehabilitate the child, not to punish. In California juvenile court proceedings are very different from their adult counterparts. The prosecutor has the power to charge a crime as a misdemeanor or felony. Minors are not entitled to jury trials or bail. Dismissal of charges is permissible at any stage of the proceedings. In fact, intake and detention officers have the authority to completely close a child’s case and mandate informal probation before the case goes to court.
If your minor child is charged with a juvenile crime, an experienced and knowledgeable juvenile defense attorney may be able to get the case dismissed in its early stages. If contacted early enough, a criminal defense attorney may be able to minimize the charges and ensure that your child does not end up in juvenile boot camp, at a detention ranch or in the California Youth Authority, the state prison for juveniles.
-LegalPro
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