Juvenile
There are important differences between the adult and juvenile criminal justice systems. Juvenile delinquency courts are dedicated to adjudicating felony and misdemeanor crimes allegedly committed by minors. Juvenile court also handles “status offenses” such as truancy and curfew violations. Status offenses only constitute criminal acts when committed by juveniles.
Moreover, in juvenile criminal court cases, there are no trials or juries. Cases are adjudicated over by a Judge or Commissioner and he/she is the only person to determine the guilt or innocence of the juvenile.
Also, juveniles may not be released on bail. When a minor is arrested, the authorities decide whether to release the minor to his/her parents or send the minor to juvenile hall. Even though there is no system of bail for juveniles, the minor is entitled to a detention hearing whereby the judge decides whether or not the minor goes home or stays in juvenile hall pending proceedings, which could take weeks or even months.
For nonviolent misdemeanors, the detention hearing must take place within 24 hours of the arrest. For felonies or violent misdemeanors, the hearing must be within 72 hours, weekends and court holidays excluded.
For charges such as murder, violent felonies and some serious sexual offenses, minors aged 14 and older must be tried as adults.
If a minor has been found guilty in the juvenile court system, he/she undergoes a disposition, which is similar to a sentencing hearing in a criminal court. The most obvious difference between being convicted as a juvenile or an adult, is that for juveniles the goal is ‘rehabilitation’. For adult convicts, the purpose is to punish the offender. The biggest difference is that the juvenile justice system has a “goal of rehabilitation”. When an adult is convicted of a crime and sentenced to jail or prison, the purpose is to punish the offender. When a minor is placed on probation, or committed to camp or DJJ, the purpose is to rehabilitate the minor.
There are several potential outcomes of the disposition. The least serious is an informal probation whereby a minor is usually required to enroll in a program that includes education and counseling.
Another option is deferred entry of judgment, which requires the minor to admit guilt but results in a dismissal of the charges upon successful completion of a diversion program.
Minors who need a greater level of structure can be sent to probation camp for a period of between three months and one year. These are dormitory-based institutions with a structured daily schedule that includes education and treatment programs.
In the most serious cases, minors are sent to the California Youth Authority (CYA) which is akin to prison.
Moreover, in juvenile criminal court cases, there are no trials or juries. Cases are adjudicated over by a Judge or Commissioner and he/she is the only person to determine the guilt or innocence of the juvenile.
Also, juveniles may not be released on bail. When a minor is arrested, the authorities decide whether to release the minor to his/her parents or send the minor to juvenile hall. Even though there is no system of bail for juveniles, the minor is entitled to a detention hearing whereby the judge decides whether or not the minor goes home or stays in juvenile hall pending proceedings, which could take weeks or even months.
For nonviolent misdemeanors, the detention hearing must take place within 24 hours of the arrest. For felonies or violent misdemeanors, the hearing must be within 72 hours, weekends and court holidays excluded.
For charges such as murder, violent felonies and some serious sexual offenses, minors aged 14 and older must be tried as adults.
If a minor has been found guilty in the juvenile court system, he/she undergoes a disposition, which is similar to a sentencing hearing in a criminal court. The most obvious difference between being convicted as a juvenile or an adult, is that for juveniles the goal is ‘rehabilitation’. For adult convicts, the purpose is to punish the offender. The biggest difference is that the juvenile justice system has a “goal of rehabilitation”. When an adult is convicted of a crime and sentenced to jail or prison, the purpose is to punish the offender. When a minor is placed on probation, or committed to camp or DJJ, the purpose is to rehabilitate the minor.
There are several potential outcomes of the disposition. The least serious is an informal probation whereby a minor is usually required to enroll in a program that includes education and counseling.
Another option is deferred entry of judgment, which requires the minor to admit guilt but results in a dismissal of the charges upon successful completion of a diversion program.
Minors who need a greater level of structure can be sent to probation camp for a period of between three months and one year. These are dormitory-based institutions with a structured daily schedule that includes education and treatment programs.
In the most serious cases, minors are sent to the California Youth Authority (CYA) which is akin to prison.