The legal route in
assigning criminal responsibility to juveniles begins with an arrest [12]. A
similar process is in place for adult offenders. There are exceptions, however,
such as the fact that police officers are required to notify the parent or
guardian of an arrested juvenile offender. Like adult offenders, juveniles as
offenders are fingerprinted and charged at central booking. Then the arresting
police officer describes to the prosecutor on duty verbally and through the
officer's paperwork the circumstances of the charges and the availability of
victims and witnesses. A "complaint" is generated only after the
prosecutor and the arresting officer make an assessment of "probable
cause" based on available evidence and after they agree on the charges to
be brought before the criminal court. This assessment is not purely
discretionary; it is constrained by law and evidence.
As is the case with adult
offenders, after the grand jury indicts, the case is then moved to trial court
for the determination of a hearing date. At that point, there is usually a
bench conference involving the prosecutor, the defense attorney, and the judge.
The juvenile's plea of innocence or guilt is considered along with any
considerations for the unique circumstances of the juvenile. At the hearing,
the juvenile's defense counsel may argue that his client played a minor role in
a group offense or that circumstances beyond the juvenile's control led to the
offense. The defense counsel at times refers to the juvenile's need for
treatment and might tell of the juvenile's troubled family situation. In turn,
the prosecutor counters by relating, as required by statute, the severity of
the crime, the injuries inflicted, prior record, and the general strength of
the state's case.
About 1.6 million youths
under age 18 are arrested each year for crimes ranging from loitering to murder
[13]. Though most juvenile law violations are minor, some young offenders are
extremely dangerous and violent. More than 800,000 youths belong to street
gangs. Youths involved in multiple serious criminal acts, referred to as repeat
or chronic juvenile o? enders, are considered a serious social problem. State
juvenile authorities must deal with these offenders while responding to a range
of other social problems, including child abuse and neglect, school crime and
vandalism, family crises, and drug abuse.
Clearly, there is an
urgent need for strategies to combat juvenile delinquency. But formulating
effective strategies demands a solid understanding of the causes of
delinquency. Is it a function of psychological abnormality? A reaction against
destructive social conditions? The product of a disturbed home life? Does
serious delinquent behavior occur only in urban areas among lower-class youths?
Or is it spread throughout the social structure? What are the effects of family
life, substance abuse, school experiences, and peer relations?
The study of delinquency
also involves the analysis of the juvenile justice system—the law enforcement,
court, and correctional agencies designed to treat youthful offenders. How
should police deal with minors who violate the law? What are the legal rights
of children? What kinds of correctional programs are most effective with
delinquent youths? How useful are educational, community, counseling, and
vocational development programs? Is it true, as some critics claim, that most
efforts to rehabilitate young offenders are doomed to failure? The reaction to
juvenile delinquency frequently divides the public. While some people favor
policies that provide rehabilitation of violent offenders, other Americans are
wary of teenage hoodlums and gangs, and believe that young offenders should be
treated no differently from mature felons. Should the juvenile justice system
be more concerned about the long-term effects of punishment? Can even the most
violent teenager one day be rehabilitated?
The informal nature of
the juvenile court operation is also exemplified by the options available to
the judge upon a finding of delinquency [14]. These options are often called
dispositions. Dispositions include informal probation, or taking the case under
advisement for a period of time to see whether the offender is able to change
his or her behavior. The judge can also order the child to pay restitution to
the victim, such as repairing damaged property or giving the victim monetary
compensation for losses. The offender may also be ordered to pay a fine to the
court or the community. All of these dispositions may be included as part of
probation, formal or informal. Under formal probation, the offender is ordered
to be supervised by a probation officer and to adhere to specific rules and
regulations, such as attending counseling sessions, observing curfews, and
attending school. At the end of a specified period of time (six months to a
year, for example), the offender is brought back to court and his or her
behavior is once again examined. At this point, however, the particulars of the
original case are less relevant than the subsequent behavior of the offender,
as attested by the supervising probation officer.
Besides restitution and
probation, all of which occur in the community, juvenile court dispositions
include placements outside the offender’s home. One type of placement is an
order to live with another relative or perhaps a referral to the state’s foster
care system. The most restrictive disposition is commitment to the state system
of juvenile correction.