the juvenile justice system: a

Resource For Parents

story by | jade m. rosenfeldt

If you are a parent of a minor who is in trouble with the law, you should educate yourself on the juvenile justice system. The juvenile justice system differs from the criminal justice system in several ways and can be difficult for parents to understand. This article is intended to provide a broad background of the juvenile justice system, generally, and for both North Dakota and Minnesota.

The Juvenile System

Each state has a juvenile court that is designed to address minors who have been accused of committing a crime. The adult court system largely focuses on consequences for a violation of the law. On the other hand, the juvenile court system is essentially based on the principle that minors are developmentally different from adults and more amendable to intervention and rehabilitation. The goal of the juvenile system is to provide minors found to have committed a crime a balanced approach to justice—consequence and rehabilitation, in an effort to deter and prevent them from returning to the court.

Currently, all states, including Minnesota and North Dakota, have what it is called a “purpose clause” that explains the goals of the state juvenile justice system.1 Minnesota’s purpose clause states that the purpose of the laws relating to minors alleged or adjudicated to be delinquent are to “promote the public safety and reduce juvenile delinquency by maintaining the integrity of the substantive law prohibiting certain behavior and by developing individual responsibility for lawful behavior.”2 This purpose, according to Minnesota, should be pursued through “means that are fair and just, that recognize the unique characteristics and needs of children, and that give children access to opportunities for personal and social growth.”3 North Dakota’s purpose clause emphasizes the promotion of welfare and best interests of the minor and the need to address the unique characteristics and needs of minors as the primary purposes of the juvenile court system.4

The juvenile justice system was in the spotlight this year with the decision by the Supreme Court in the case of Miller v. Alabama issued on June 25, 2012.5 The Court ruled in a 5-4 decision that mandatory sentencing of offenders under 18 to Life Without Parole [LWOP] for certain major crimes such as murder violates the Eighth Amendment prohibitions on cruel and unusual punishment. The lesson from the case highlights one the general policies of the juvenile justice system –a defendant’s youth and the nature of the crime must be considered before imposing a mandatory sentence.

juvenile proceedings & terms

It is important to understand how things operate in a juvenile court proceeding as well as the terms used. First, juvenile court proceedings are “quasi-civil” [not fully criminal] and may be confidential unlike the adult criminal system in which all proceedings are open. Likewise, the constitutional rights of minors in juvenile court differ from those of adults in the adult criminal court system. For example, most states, including Minnesota and North Dakota, do not allow jury trials in juvenile delinquency cases. The few states that do allow jury trials often limit them to only cases of certain types.

Finally, the terminology used in juvenile court differs from that used in the adult criminal justice system. For example, a juvenile is not “charged” with a crime, but “petitioned for an offense.” If guilt is established beyond a reasonable doubt, the minor is “adjudicated delinquent” – not “found guilty” of a crime. Lastly, a juvenile receives a “disposition” not a “sentence.”

The Path To Juvenile Court

The juvenile court process can unfold differently depending upon the nature of the crime committed and the age of the accused minor. The process begins with the commission of a crime. Then:

1. In some cases, the juvenile is then apprehended. More often, however, law enforcement officials refer the case to a prosecutor [county attorney or states attorney] for intake.

2. The prosecutor then reviews the case and if enough evidence exists to prosecute the case, the prosecutor files a petition with the juvenile court asking it to make a finding of delinquency. This starts the formal court processing of the case.

3. A copy of the petition is mailed to the juvenile, along with a Summons, ordering the juvenile, along with his or her legal guardians, to appear in court for an arraignment hearing.

4. The arraignment hearing is held and the juvenile is required to appear before the court and answer to the offense[s] – admit or deny.

5. If the juvenile admits to the offense[s], the juvenile court can impose the disposition or order a predisposition investigation and schedule a date for a disposition hearing.

6. If the juvenile denies the offense[s], the case is scheduled for either a pre-trial hearing or a trial. If the juvenile persists in the initial denial of the offense[s], a bench trial is held, where the judge is the sole fact-finder.

7. If the petition is not proven beyond a reasonable doubt, the judge dismisses the case. If the petition is proven beyond a reasonable doubt, the judge finds the juvenile to be delinquent and schedules a disposition hearing.

8. At the disposition hearing the judge decides the type of consequence and/or rehabilitation the juvenile will receive. A pre-dispositional report is a document that provides background information on the juvenile and makes a recommendation to the court. A disposition in juvenile court can vary significantly depending upon the juvenile and the severity of the committed offense. For example, the judge can place the juvenile on probation, order the juvenile to complete community service work or pay restitution to the victim, place the juvenile in a nonresidential, community-based residential program, require the juvenile to complete a chemical-use and/ or mental health evaluation, require the juvenile to complete treatment, and/or require the juvenile to complete an educational course.