juvenile justice: an overview

Juvenile justice is the area of criminal law applicable to persons not old enough
to be held responsible for criminal acts. In most states, the age for criminal
culpability is set at 18 years. Juvenile law is mainly governed by state law and
most states have enacted a juvenile code. The main goal of the juvenile justice
system is rehabilitation rather than punishment.

Juveniles can be transferred into adult court if the juvenile court waives or
relinquishes its jurisdiction.

State statutes creating juvenile courts and providing methods for dealing with
juvenile delinquencey have generally been upheld by courts as an acceptable
extension of state police power to ensure the safety and welfare of children. The
doctrine of parens patriae authorizes the state to legislate for the protection,
care, custody, and maintenance of children within its jurisdiction.

The federal role in the field has largely been that of funder and standard setter.
Congress passed the Juvenile Delinquency Prevention and Control Act in 1968.
This was later revised in 1972, and renamed the Juvenile Delinquency
Prevention Act. The stated purpose of the act is to assist states and local
communities in providing community based preventative services to youths in
danger of becoming delinquent, to help train individuals in occupations
providing such services, and to provide technical assistance in the field.

The Federal Juvenile Delinquency Act defines juvenile delinquency (any act that
is othewise a crime, but is committed by someone under 18 years of age) and
sets forth rules by which state laws must comply with regard to juvenile court
procedures and punishments.

menu of sources

Federal Material
U.S. Constitution and Federal Statutes

 Title 42 U.S.C., Chapt. 72 - Juvenile Justice and Delinquency Prevention

 CRS Annotated Constitution

State Material
State Statutes
  Uniform Laws

o Model Juvenile Court Act (adopted in Georgia, North Dakota, and

Pennsylvania)

 State Statutes

o State Family Law Statutes

Judicial Decisions

 N.Y. Court of Appeals:

o Recent Juvenile Justice Decisions

o Commentary from liibulletin-ny

 Appellate Decisions from Other States

Other References
Key Internet Sources

 National Criminal Justice Reference Service - Juvenile Justice

 Office of Juvenile Justice and Delinquency Prevention
 Coordinating Council on Juvenile Justice and Delinquency Prevention
 National Youth Gang Center
 Juveniles and the Law (Nolo)

Useful Offnet (or Subscription - $) Sources

 Good Starting Point in Print: Martin R. Gardner, Understanding Juvenile

Law, Matthew Bender (2003)

other topics
Category: Criminal Justice

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