JURISDICTION OF THE JUVENILE COURT (FROM INTRODUCTION TO JUVENILE DELINQUENCY - TEXT AND READINGS, 1978 BY P F CROMWELL, JR., G G KILLINGER, R C SARRI, AND H M SOLOMON, - SEE NCJ-45572)

• NCJ Number: 45574
• Author(s): M M LEVIN; R C SARRI
• Date Published: 1978
• Length: 13 pages
• Corporate Author: West Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

GREAT DIVERISITY OF LEGISLATIVE APPROACH IS FOUND IN THIS COMPARATIVE ANALYSIS OF STATUTES DEALING WITH THE JURISDICTIONS OF JUVENILE COURTS IN THE 50 STATES.

Abstract

VARIATIONS IN STATUTORY PROCEEDINGS ARE DISCUSSED FOR EACH OF SEVERAL GENERAL AREAS: (1) DIFFERENCES IN DEFINITIONS OF DELINQUENT AND STATUS OFFENSES; (2) THE AGE AT WHICH A DEFENDANT IS NO LONGER CONSIDERED A JUVENILE; (3) LIMITS ON THE COURT'S ADJUDICATORY POWERS; (4) JURISDICTIONAL CONFLICTS WITH THE ADULT COURT SYSTEM; AND (5) PERMISSIBLE INTERACTIONS WITH THE ADULT CRIMINAL COURT SYSTEM. A SURVEY OF THE 50 STATES AND THE DISTRICT OF COLUMBIA FINDS THAT 26 STATES DO NOT DISTINGUISH BETWEEN STATUS OFFENSES AND DELINQUENT ACTS WHILE 25 HAVE CREATED SEPARATE CATEGORIES. UNFORTUNATELY, THE LANGUAGE IN MOST STATUTES PROVIDING FOR STATUS OFFENDERS IS SO VAGUE THAT DELINQUENT CHILDREN ARE OFTEN PROCESSED ALONG WITH CHILDREN WHO ARE MERELY DEPENDENT. THE MOST COMMON MEXIMUM AGE FOR JUVENILE JURISDICTION IS 17 (FOUND IN 33 STATES); 12 STATES HAVE SET 16, AND SIX, 15 AS THE MAXIMUM AGE. A FURTHER COMPLICATION IS DETERMINATION OF THE CHILD'S AGE. IN 37 STATES THE AGE IS SET AS THE AGE AT TIME OF OFFENSE. THIS MEANS THAT AN ALLEGED DELINQUENT WHO COMMITTED AN OFFENSE WHILE A JUVENILE, BUT WHO WAS APPREHENDED AFTER PASSING THE ADULT AGE LIMITATION, MUST BE RETURNED TO JUVENILE COURT. IN 14 STATES THE AGE AT TIME OF DETENTION IS USED. MAXIMUM AGE FOR CONTINUING JURISDICTION IS 17 IN 1 STATES, 18 IN 3 STATES, 20 IN 3 STATES, 21 IN 11 STATES. IN 28 STATES AGE IS THE ONLY RESTRICTION ON THE JUVENILE COURT'S JURISDICTION; IN THE REMAINING 23 STATES THERE ARE A VARIETY OF RESTRICTIONS ON TYPES OF CRIME WHICH MAY BE HANDLED. ALL STATES EXCEPT NEW YORK AND VERMONT ALLOW A JUVENILE COURT JUDGE TO WAIVE JURISDICTION AND TRANSFER A JUVENILE TO THE CRIMINAL SYSTEM FOR ADJUDICATION. THE VARIOUS PROCEDURAL PREREQUISITES FOR SUCH TRANSFERS VARY, BUT ALL ARE AFFECTED BY THE U.S. SUPREME COURT DECISION REQUIRING DUE PROCESS PROTECTION BEFORE TRANSFER TO THE ADULT SYSTEM (KENT V. U.S.). THE ROLE OF THE PROSECUTOR IN SUCH TRANSFERS, THE VARIOUS METHODS USED TO PROVIDE DUE PROCESS, AND THE JUVENILE'S RIGHT TO CHOOSE TRIAL AS AN ADULT ARE ALL SURVEYED. IN 18 STATE TRAFFIC OFFENDERS ARE HANDLED IN JUVENILE COURT; IN THE REST, TRAFFIC COURT. ALL STATES NOW FOLLOW THE PROCEDURES IN THE INTERSTATE COMPACT ON JUVENILES FOR TRANSFERRING JUVENILES TO THEIR HOME STATES. (GLR)