Fundamentals of Juvenile Crime Law

Submitted by asandil on 2/24/2014

Juvenile Crime Law is a criminal law and subcategory of juvenile law. Although a type of criminal law, juvenile crime law only deals with the individuals who are under-age. In criminal law they are treated very diligently and differently than adults, and usually have separate system of law.

Individuals who commit a crime and under the age of 18 years, are considered as delinquent minors, juvenile delinquents, youthful offenders or juvenile offenders. Laws governing juvenile offence are largely regulated and enacted on a state by state basis. Parens patriae is a doctrine that grants the authority of the state to protect or act persons who are legally not able to protect on their own behalf.

The doctrine of parens patriae authorized the state to take essential steps and treat as parent to a underage who committed crime, the main purpose of this doctrine is to provide maintenance, care, custody and protection of the youth within the concerning state. Sometimes states have its own rules to take a minor into custody, restitution orders, how the juvenile may be questioned, conditions of supervision and more.

Juvenile justice system has its own procedures, rules and even offenses that apply only to minors. One of these offenses is called incorrigibility that occurs when a minor refuses to obey their parents and discipline of adults. Sometime minors are considered as status offenders or incorrigible when they refuse to accept the authority and/or commit crimes, which while not considered as offence by adults, are forbade due to the age of the child offender. This includes running away from home, school truancy, drinking alcohol, curfew violations, behaving in an unhealthy or unsafe manner.

Because minor do not have the same duties or rights as adults, the system expects minor to obey the lawful acts given by legal custodians. Here, Legal custodians can be anyone who has the right to supervise the child like day-care providers, teachers, or summer camp staff. A minor is considered incorrigible when child habitually refuses the commands of the minor’s lawful parents, legal custodians or guardians. When a child refuses to accept these commands, this can become a significant problem for the minor, the guardians and even it can affect the environment where the child resides.

Juvenile courts dealing with incorrigible youth, status offenders or juvenile delinquents and issues of abandonment, abuse or child neglect. The child who committed delinquent act is not considered as a crime and these courts are also considered as civil not criminal. While dealing with minor with status offenders, juvenile court imposes a fine if appropriate, suspension of their license, community service, specialized classes or ordering counseling.

In delinquency cases the juvenile can be imposed to do the same things including few more, such as placement in a group home or relative’s home or in a foster, though in some extreme cases the judge can ask to send the child to a state prison or adult jail. The juvenile law system is set up to handle these individuals with extra care, focusing on rehabilitation, not punishment.