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Juvenile court focuses on rehabilitation rather than punishment, and is reserved for offenders under 18. Factors such as the seriousness of the offense, age, background, and social history are considered in determining whether to try a child in juvenile court. Sentences can include probation, counseling, fines, community service, or juvenile detention. The length of sentence varies by jurisdiction and offense severity, but typically ends before the child’s 19th birthday. Once the sentence is served, the crime is typically expunged from the minor’s criminal record.
Juvenile sentencing differs from adult sentencing in several different ways, primarily in that its primary purpose is always the rehabilitation of the juvenile, rather than punishment. Juvenile court proceedings are typically reserved for offenders under the age of 18, although circumstances may dictate that the minor be tried as an adult and undergo formal court proceedings. Juvenile proceedings are often less formal and it is not always necessary for the child to be represented by a lawyer. Another important difference between the conviction of an adult and that of a minor is that once the minor serves the court-ordered punishment, his or her criminal record is typically cleared of the crime.
When a minor is accused of a crime, he may be sent to a juvenile court to determine if he should be found delinquent. If the situation is appropriate, courts usually prefer to try minors in juvenile court rather than formally charge them. Many factors are considered in determining whether or not to try the child in juvenile court. The main factor is the seriousness of the offence, but other factors include the minor’s age, background and social history. If the court determines that the circumstances do not necessitate formal charges, then the child will likely be tried in juvenile court.
If the minor goes through the juvenile court process and is found to be a delinquent, the judge will administer a sentence, called a “disposal” in juvenile court. This juvenile sentence can include a variety of rehabilitation options, the most drastic of which is the transfer of legal custody to a corrections commissioner and term in juvenile detention. While it is a form of incarceration, it differs from prisons that adults are sent to in that the focus is much more on education and rehabilitation rather than punishment. Other less severe punishments include probation, counseling, fines or community service. If the minor has caused financial damage to the party he wronged, then he will often be forced to pay compensation as part of the juvenile sentence.
The length of sentence for minors varies by jurisdiction, but also depends on the seriousness of the offence. In many jurisdictions, unless the offense is particularly egregious, the child’s sentence may only include the time up to the child’s 19th birthday. Some courts are authorized to impose a sentence up to the child’s 25th birthday. Unlike an adult conviction, once a minor serves his or her court-ordered rehabilitative sentence, the crime is typically expunged from his or her criminal record.
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