Juvenile Justice System

Goal of Juvenile Justice

To rehabilitate or correct the behavior of juvenile delinquents rather than punish.

In North Carolina anyone under the age of 16 is a juvenile.

Process

Police arrest a juvenile.– Someone sends a petition for arrest to

the courts.– Parents request arrest.

Juvenile Courts handle two types of cases.– Neglect– Delinquency

In Re Gault Facts of the Case

Gerald Gault, age 15, had been sentenced to six years in a reformatory for making indecent telephone calls to a neighbor.

His parents were not informed of his arrest.

He had no attorney present and the neighbor was never questioned.

In Re Gault Results

The Supreme Court overturned the ruling in the 1967 case In re Gault and established rules for juvenile criminal cases.

Juveniles have the right to counsel, the right to confront witnesses, and the right not to be forced to incriminate themselves.

Stages of Juvenile Justice System

Juvenile is arrested.– No fingerprints or photographs.

Parents and/or care givers are notified. Juvenile may be kept in a juvenile

detention center or sent home until until the court date.

Juveniles may be diverted to counseling, job training or drug treatment programs.

Preliminary hearing decides if there is enough evidence to try the juvenile.

Juvenile trial proceeds, if there is enough evidence.

Stages Continued

Juvenile cases are heard by a judge. (no jury trial)

If the juvenile is found guilty the crime may be put on the juvenile’s record.

There is a separate hearing to determine punishment.

In some cases the crime is erased from the juvenile’s record once he/she has finished their probation.