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The primary goals of the juvenile justice system, in addition to maintaining public safety, are skill development, habilitation, rehabilitation, addressing treatment needs, and successful reintegration of youth into the community.
- Overview
- History and operation
- Great Britain
juvenile justice, system of laws, policies, and procedures intended to regulate the processing and treatment of nonadult offenders for violations of law and to provide legal remedies that protect their interests in situations of conflict or neglect. Punishable offenses that are classified as criminal offenses for adults (e.g., murder, robbery, and larceny) are referred to as delinquency when committed by juveniles, whereas juvenile offenses mandating legal intervention only (e.g., alcohol and tobacco use, truancy, and running away from home) are referred to as status offenses. Children are also subject to specialized laws, procedures, and policies designed to protect their interests when parents or other legal guardians are unavailable, negligent, or involved in custodial disputes.
A controversial method of juvenile punishment has been the use of corporal punishment. Although such physical punishment is prohibited in many Western countries, it is still used in some parts of the United States and in much of the non-Western world. Historically, an increase in juvenile crime (such as the late 20th-century rise in juvenile gun offenses in the United States) has been followed by calls for the reinstatement of corporal punishment in those regions where it had been prohibited. Opponents of corporal punishment, however, argue that it is inhumane and that juvenile corporal punishment risks reinforcing the delinquent behaviour of those who receive it.
The specific mechanisms for administering juvenile justice have varied over time—among societies and even among jurisdictions within countries. The concept of delinquency, as well as special trials and institutions for confining and controlling youth, was established in the mid-19th century in Great Britain, where courts acquired the authority to i...
Early common law made no special provision for children who committed crimes. Provided that the child was over the minimum age for criminal responsibility (originally seven) and had “mischievous discretion” (the ability to tell right from wrong), the child was fully liable as an adult to the penalties provided by the law. During the 19th century, children who were criminally liable were regularly imprisoned, and there are records of children’s being hanged as late as the 1830s. In practice, however, age usually served as a mitigating factor in punishments accorded to children. In the 19th century the reformatory movement, which established training institutions for young offenders as an alternative to confinement in adult prisons, advanced the concept of treating juvenile offenders differently from adult criminals. The Children Act in 1908 created a special justice system for juvenile offenders—the Juvenile Court (renamed Youth Court in 1991), intended to handle both criminal and noncriminal cases.
The English youth courts exercise jurisdiction over offenders aged 10 (the minimum age of criminal responsibility) to 16. (Those under 14 are designated as “children,” and those over 14 and under 17 are classified as “young persons.”) Offenders aged 17 and over appear in the normal adult courts, though special sentencing provisions apply to offenders under the age of 21.
In addition to age, youth and adult courts are distinguished by the types of cases they handle, with youth courts hearing a much wider variety of offenses. Nearly all offenses committed by children are tried in youth courts, though the courts are not bound to deal with extremely serious offenses such as robbery or rape. On such charges, a young person will nearly always be tried as an adult. In most cases a youth also will be tried as an adult for murder or manslaughter. If he is charged jointly with an adult crime while being tried in juvenile court, he can be sent to an adult court for trial, though he is normally returned to the youth court for sentencing.
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Youth courts also deal with children of any age up to 17 in what is called a care proceeding, which is based on the idea that the child is in need of court-ordered care, protection, or control because one of a number of conditions is satisfied. Reasons for care proceedings can include neglect or assault by parents, but they always stem from the fact that the juvenile has committed an offense. Thus, a juvenile who commits an offense will come before the youth court in one of two ways: criminal proceedings or care proceedings. This combination of two different roles in the youth court was a source of difficulty and controversy for many years, particularly because the court in its criminal jurisdiction was required by law to “have regard to the welfare of the child or young person” and, if satisfied that it was necessary to do so, remove the youth from unsatisfactory surroundings for his own good, irrespective of the gravity of the offense. In appearing before the youth court, a juvenile charged with a minor offense could be removed from parental custody and required to reside in an institution (known as a community home), perhaps for a period of several years and possibly under conditions of security. Under legislation passed in the late 1960s, a care order mandated by the youth court could effectively transfer parental rights to the local authority.
The Georgia Department of Juvenile Justice is a multi-faceted agency that serves the state's justice involved youth up to the age of 21. Contact Us.
Dec 1, 2022 · The report draws on reliable data and relevant research to provide a comprehensive and insightful view of youth victims and offending by youth, and what happens to them when they enter the juvenile justice system.
Jul 1, 2021 · Through comprehensive and coordinated efforts at the federal, state, and local levels, OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) aims to reduce youth crime and violence.
Jan 4, 2023 · Youth and the Juvenile Justice System: 2022 National Report is the fifth edition of a comprehensive report on youth victimization, offending by youth, and the juvenile justice system.
Community-based programs that involve families as a critical component enhance youth outcomes, increase public safety, and strengthen neighborhoods. Juvenile justice practitioners must recognize and address the barriers to success that involvement with the juvenile justice system creates for youth.
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From juvenile detention alternatives to youth incarceration, get free resources from AECF. This resource roundup shares new knowledge and key findings from the field.
