Juvenile Courts
The juvenile justice system differs from the adult criminal court system in several significant areas. Although the specifics differ from state to state, the juvenile delinquency adjudication process has, by its nature, different rules, different processes, and different protections. Generally speaking, juvenile offenders who are tried in juvenile courts are not afforded all of the rights that adult defendants are guaranteed in the criminal courts.
The Right to a Trial by Jury
The majority of states have determined, either by statute or through case law, that a juvenile defendant has no right to a trial by jury. A handful of states extend the right to a jury trial to all juvenile defendants, while another small group allows for jury trials under certain circumstances. For instance, some states allow a juvenile defendant a trial by jury if he is subject to adult sentencing.
If the case is formally adjudicated, the vast majority of juvenile cases will be tried and decided by a judge. However, about half of all juvenile proceedings are handled informally, with the accused juvenile admitting guilt and entering into an agreement, then entered as a court order, requiring him to meet certain conditions. These conditions may include home detention, probation, drug counseling and testing, school attendance or seeking/maintaining employment, restitution to victims, community service, or any number of other restrictions or obligations.
The Right to Post Bond
Bond, of course, is not an absolute right in the adult criminal system: certain classes of crime are not "bondable". However, in most juvenile systems, there is no bond. A juvenile in detention remains in detention until a court determines otherwise. Paradoxically, juveniles waived into, or whose cases are filed directly in, adult criminal court often do qualify to post bond and remain free pending trial.
Due Process Rights
Most fundamental due process rights owed to an adult defendant are also guaranteed in juvenile proceedings. For instance, juveniles have the 5th amendment right against self-incrimination, the right to certain procedural protections, the right to call witnesses on their own behalf, and the right to counsel.
In addition, juveniles in most cases have the right to have their parents present before answering questions.
Juvenile Sentencing
The widespread use of blended sentencing means that the power of juvenile courts varies greatly, not only from state to state, but from case to case dependent on the age of the juvenile in question and the class of crime involved. While most juvenile courts operating solely in the delinquency arena are limited in the length of detention available and the facilities to which adjudicated delinquents can be sentenced, various special sentencing provisions now authorize juvenile courts to impose adult sentences, including adult prison time, in certain juvenile proceedings.
Fines, Costs and Restitution
In many states, the parent of a juvenile found to have committed delinquent acts is legally responsible for court costs, fines, restitution to victims, even the cost of drug and alcohol rehabilitation programs. In fact, at least one state has enacted provisions that make a parent criminally liable for certain delinquent acts by a minor.
A criminal defense attorney who handles juvenile delinquency proceedings in your state will be able to tell you which of the variations on juvenile court and/or waiver into adult court may apply in your child's case. It is important that you understand all of the risks involved before appearing with your child in court. Don't let misconceptions based on the past lull you into believing that juveniles charged with delinquent acts—and their parents—don't face serious consequences.