Juveniles
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What Is A “Juvenile Offender”?
A juvenile offender is an offender who is too young to be tried as an adult. The age at which a person can be tried as an adult varies between states, but is ordinarily the age of seventeen or eighteen. This age can go down for certain serious offenses, such as homicide or sexual assault.
What Happens In “Juvenile Court”?
When a juvenile is charged with a criminal offense and is sent to a juvenile court, the focus is ordinarily on what will rehabilitate the juvenile, rather than on punishment. Often, the offender will be said to have committed a “delinquent act,” as opposed to a “criminal offense.” The juvenile court has broad discretion to tailor a sentence to the needs of a young offender. This is not to say that juveniles are not sentenced to prision – many states have large juvenile prisons and treatment facilities. It is understood that some juvenile offenders are very dangerous, despite their age, and that incarceration can be appropriate.
What Rights Do Juveniles Have In Juvenile Court?
The specific rights afforded to a juvenile offender vary significantly from state to state. In some states, juveniles have the right to trial by jury, while in others they have no such right. Juvenile courts tend to be less formal than adult courts. Sometimes, the rules of evidence will be more relaxed, and evidence will be heard to judge the juveniles “delinquency” which would not be allowed at an adults criminal trial.
What Is “Waiver” To Adult Court?
A juvenile offender who has committed a serious offense may be waived from juvenile court to adult court. Sometimes this is a discretionary waiver, where the prosecutor files a motion to have the young offender tried as an adult. After a hearing, where evidence is presented for and against a waiver, the judge decides whether the offender should be tried as a juvenile or an adult. Sometimes, this is a mandatory waiver, where the law requires the young offender to be tried as an adult. Many states have passed laws allowing prosecutors to file adult charges against juveniles for certain serious offenses, without having to apply for a waiver.
A juvenile tried