Juvenile vs. Adult Courts: A Basic Introduction

Jun 1, 2010
Sasha Maggio

Juvenile vs. Adult Courts - Microsoft Free ClipArt

For juvenile offenders, the decision to try as juveniles or adults can weigh heavily on statistics of recidivism rates among similar offenders.

Traditionally, juvenile courts were for offenders aged 18 and under, and depending on the crime some 18 year olds still may end up in Juvenile court, but for the majority of serious crimes committed by 12-18 year olds, the perpetrator is tried as an adult. The decision can be tricky to come by, however, and typically the prosecuting attorney will consider the severity of the crime, the minor's age and attitude, any past problems with or without record, evidence of the crime that points directly to the minor, and also consider if the parents or caregivers of the minor can be held accountable for the offense. Another possible consideration factor would be if the minor is represented by an attorney.

Minor Tried as an Adult

The age and severity of the crime can be major factors. A minor tried as an adult would be convicted with a record that would follow him/her for the rest of their life. The primary goal of adult sentencing and courts is deterrence; if the criminal can be deterred from reoffending, and possibly deter others from offending due to the punishment of the crime, then the situation is considered, more or less, successful. Moreover, the minor, convicted as an adult, if then paroled, the parole is meant to monitor the individual's possible participation in future illicit behaviors. The adult criminal courts typically assign labels such as "innocent" and "guilty."

Juvenile Court

Juvenile court, on the other hand, prefers to consider youth offenders as developmentally different from their adult counterparts, and the primary goal of juvenile court is to aim for rehabilitation and treatment possibilities, as well as protection for the community and juvenile offender. The minor is labeled "juvenile delinquent" instead of "guilty." The records are kept closed to the public, and often the court proceedings are also closed to protect confidentiality. The reasoning behind keeping the records and courts closed is to hopefully rehabilitate the juvenile offender and avoid later stigmatization from "criminal records" and "jail time."

Juvenile courts prefer to take the psychological casework approach, considering not only the crime and offender's age and attitude, but also the offender's history. This inclusion of the offender's history can play an important role in their rehabilitation and treatment plans. Not all Juvenile courts hold trials by jury, and punishment "sentencing" can be indefinite. For example, a juvenile may be sentenced until a time at which he/she is deemed rehabilitated.

Another key difference from adult court is that, in juvenile court, the parents or caregivers of the juvenile offender may be affected by a restitution component of the "sentencing." The purpose of parole for the Juvenile offender is to reintegrate the individual into society, after rehabilitation, with the hope that the rehabilitation is successful and the individual can become a contributing member of society.

Juvenile Sex Offenders

In 2006, Congress passed the Adam Walsh Act (AWA) which was meant to protect families and children from sexual predators and Title 1 of the AWA, referred to as the Sex Offender Registration and Notification Act (SORNA), was meant to increase punishment for sex offenders and increase public awareness of who the sex offenders are. This Act, however, did not clearly discuss the considerations for juvenile sex offenders, who, if affected by the SORNA, would be required to maintain this label for the remainder of their existence (or the existence of the Act).

Recidivism or Re-Offending

It is important to discuss the concepts of recidivism and juveniles tried as adults and thusly sent to adult prison facilities. In 1998, according to the Department of Justice, more than half of the offenders tried under the age of 18 were sent up from Juvenile courts to adult courts. Over time, this amount has decreased but reasoning for this decrease can be attributed to more youths being tried as adults directly, rather than going through the juvenile court system first.

These cases being sent to criminal courts from the juvenile courts are not all serious offences. Statistics from the Department of Justice suggest that less than half are violent crimes, the majority being non-violent drug or property related offences. The statistics also highlight that the majority of the cases of youth being tried as adults are minorities, which could suggest a strong racial bias in favor of Caucasians, or it could also suggest that there are just that many cases involving minority youth offenders.

Juveniles in Adult Prisons

Statistically speaking, juveniles serving sentences in adult prisons are at an increased risk of physical and sexual abuse, at the hands of other inmates or guards, and also at an increased risk of suicide. They are also less likely to receive educational or treatment services they are in need of, compared to being sentenced to a juvenile facility where rehabilitation and ultimate reintegration are the long-term goals.

Juvenile Delinquency Treatment Possibilities

Research from the National Center on Sexual Behavior of Youth finds that adolescent sex offenders are more responsive to treatment than their adult counterparts, and when proper treatment is administered they are also less likely to re-offend. Recidivism rates for adolescent sex offenders is found typically between 5% and 14%, compared to other types of delinquent behaviors which have a recidivism rate between 8% and 58%.

Juvenile facilities, unlike adult facilities, offer more opportunities for education and treatment plans geared toward the future reintegration of the offenders into society as positive, responsible, and contributing members.