1. Juvenile Delinquency and Juvenile Crime
CJA/204
Kelly Mckeown-Moffat
May 5, 2013
Instructor: James Smith

2. Juvenile Delinquency and Juvenile Crime
What is Juvenile delinquency? What is a status offense? These questions will be
answered in this article along with what are the differences between juvenile and criminal courts.
Can juveniles learn a life lesson by being tried as an adult? Some say yes and others say no. this
article is going to touch on key points on juvenile crime and delinquency. By the end of this
paper you will be more informed on the following questions and have a better understanding of
the juvenile court systems.
Juvenile Delinquency
Juvenile delinquency is a conduct by a juvenile that is characterized by antisocial
behavior that is beyond parental control and therefore subject to legal action. It is also a violation
of the law committed by a juvenile and not punishable by death or life imprisonment. In short, it
is conduct that is out of accord with accepted behavior or the law.
Status Offenses
Status offenses are activities that are deemed offenses when committed by juveniles
because of their age at the time of the activity. In short, these offenses are not illegal if done by
an adult. Some examples of status offenses would include breaking curfew laws, not attending
school, possession or consumption of alcohol and running away from home. The basis for status
offenses stems from the legal theory of parens patriae, in that status offenses are harmful to
minors and the courts need to protect minors from such activities.
Differences between adult and juvenile courts

3. There are many differences that exist between the adult and juvenile court systems. At its
core, the adult court system focuses on deterrence and justice as the rationale for prosecuting
offenders whereas the juvenile system commits to rehabilitating delinquent youths into
upstanding citizens. Every aspect of the courts revolves around these philosophies, from the
words used to label suspects to the terms of parole agreements. Both adult and juvenile courts
protect the public and enforce laws, meaning that the overarching procedures remain the same.
Processing
Though the terminology may be different, the processing delinquents, and criminal
suspects remains the same. Both systems require Mirandize of suspects upon being arrested.
They both receive the opportunity to admit to the charges, typically for a lesser punishment. In
the criminal courts, this is called a plea bargain, while in the juvenile courts this is referred to as
modifying the petition. Both court systems can decide whether to hold the suspect in custody
until the trial. In criminal courts, a defendant may have the opportunity to pay bail while in the
juvenile system; a judge determines whether or not the suspected delinquent should be held for
his own safety and that of the public.
Trial
Trials are always a fact- finding process. Criminal trials usually revolve around the
presentation of evidence to a jury that will decide whether or not the suspect is guilty of the
crime. Some state also uses jury systems in juvenile courts although no federal requirement
exists to do so. When a jury is not present, the judge presiding over the proceedings will make
the decision to whether or not the juvenile is delinquent.

4. Both systems also allow delinquents and convicted criminals to appeal the verdict based
on either factual evidence that was not presented at the trial or procedural violations during the
course of the trial.
Sentencing and Incarceration
Once the defendant has been found guilty, the courts determine an appropriate
punishment. In adult courts, this decision may be conducted through a sentencing hearing or may
be based on state or federal sentencing guidelines for the offenses in question. In the juvenile
courts, a disposition hearing is conducted following the adjudication process. In both the juvenile
and criminal court systems, judges have some leeway to determine a proper sentence, though
juvenile judges have far more latitude. Criminal judges work within state mandated guidelines
and can use special circumstances of the defendant’s crime to increase or decrease a sentence.
Juvenile judges, on the other hand, have a broad range of options from immediate parole to
placing delinquents in juvenile facilities or county jails.
Parole
Eventually, most criminals or delinquents will be released back into the public. In some
cases the defendant will have served their entire sentence and be released without conditions.
Today it is more likely that a defendant or delinquent will be paroled on condition that the
defendant abides by court mandated conditions.
Today, the courts rely on a variety of methods and conditions to monitor parolees. The
courts can require electronic bracelets, regular phone calls with parole officers or social workers,
requirements to get and maintain a job or attend school regularly. In either system, parole

5. determines whether the individual is capable of being a law-abiding citizen or if he/she should
return to detention.
Treating children like adults
Two assumptions that legislation passed in many of the U.S. states, which make it easier
to try juvenile offenders as adults.
*Young offenders will receive sentences in the adult criminal system, which is harsher
and more proportional to his/her crimes.
*The threat of this harsher punishment will result in lowered juvenile crime rates.
Although there has not been extensive research into the deterrent effects of the stricter
laws, the evidence that does exist indicates that deterrent effects are minimal or nonexistent, and
that in fact, trying juveniles in criminal court may result in higher rates of reoffending.
Tried as an adult
There is no extensive research comparing the lengths of prison sentences received by
juveniles convicted in criminal court with those who remained in the juvenile system. What
research exists indicates that juveniles convicted in criminal court, particularly serious and
violent offenders are more likely to be incarcerated and receive longer sentences than juveniles
retained in the juvenile system. Despite this, however; they often serve only a fraction of the
sentences imposed in many cases less time than they would have served in a juvenile facility.
Help reduce crime

6. To date, only two studies have examined if stricter transfer laws result in lowered
juvenile crime rates. Both found that there was no evidence to support that the laws had the
intended effect.
Adult penalties vs. juvenile penalties
Two recent studies indicate that juveniles who receive harsher penalties when tried as
adults are not scared straight. In fact, after their release, they usually reoffend sooner and more
often than those who were treated in the juvenile system. “The findings suggest that transfer
made little differences in deterring youths from reoffending. Adult processing of youths in
criminal courts actually increase recidivism rather than [having] any incapacitative effects on
crime control and community protection” (Frontline, 1993-2013).
As this article explained, juvenile delinquents are not afraid of the repercussions of
committing a crime that would put them in an adult court system. Ways that the government
thought would scare the juvenile delinquents from not reoffending are not working so therefore
we need to find new ways to help lower our juvenile delinquent rate to a lower factor instead of
it increasing. In some ways juvenile courts are stricter than adult court systems when it pertains
to juvenile delinquents. We as a nation need find new and better ways to help our children from
becoming a juvenile delinquent so therefore we do not have to worry about what will be better
for our children, juvenile court or criminal court.

7. References
Donna M. Bishop and others, “The Transfer of Juveniles to Criminal Court: Does it Make a
Difference?”, Crime and Delinquency, vol. 42 (1996).
Frontline. WGBH educational foundation. (1995-2013). Juvenile Justice. Retrieved from:
http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/kidslikeadults.html
Merriam-Webster dictionary. (2013) definition of Juvenile Delinquency. Retrieved from:
http://www.merriam-webster.com/dictionary/juvenile%20delinquency
Spencer, J. (1999-2013). eHow. Similarities between Adult Court & Juvenile Court. Retrieved
From: http://www.ehow.com/info_7899418_similarities-adult-court-juvenile-court.html