Juvenile Justice
Juvenile justice is the area of criminal law applicable to persons not old
enough to be held responsible for criminal acts. In most states, the age for
criminal culpability is set at 18 years. Juvenile law is mainly governed by
state law and most states have enacted a juvenile code. The main goal of the
juvenile justice system is rehabilitation rather than punishment.
Juveniles can be transferred into adult court if the juvenile court waives
or relinquishes its jurisdiction.
State statutes creating juvenile courts and providing methods for dealing with
juvenile delinquency have generally been upheld by courts as an acceptable extension
of state police power to ensure the safety and welfare of children. The doctrine
of parens patriae authorizes the state to legislate for the protection, care,
custody, and maintenance of children within its jurisdiction.
The federal role in the field has largely been that of funder and standard
setter. Congress passed the Juvenile Delinquency Prevention and Control Act
in 1968. This was later revised in 1972, and renamed the Juvenile Delinquency
Prevention Act. The stated purpose of the act is to assist states and local
communities in providing community based preventative services to youths in
danger of becoming delinquent, to help train individuals in occupations providing
such services, and to provide technical assistance in the field.
The Federal Juvenile Delinquency Act defines juvenile delinquency (any act
that is otherwise a crime, but is committed by someone under 18 years of age)
and sets forth rules by which state laws must comply with regard to juvenile
court procedures and punishments.
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