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The
underlying rationales of the juvenile court system are that youth are
developmentally different from adults and that their behavior is malleable.
Rehabilitation and treatment, in addition to community protection, are
considered to be primary and viable goals. |
Rehabilitation
is not considered a primary goal in the criminal justice system, which operates
under the assumption that criminal sanctions should be proportional to the
offense. Deterrence is seen as a successful outcome of punishment. |
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| Limitations
are placed on public access to juvenile records because of the belief that
juvenile offenders can be successfully rehabilitated, and to avoid their
unnecessary stigmatization. Court proceedings may be confidential to protect
privacy. |
Open
public access to criminal records is required, and all court proceedings are
open to the public. |
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| The
juvenile justice system follows a psychological casework approach, taking into
account a detailed assessment of the youth's history in order to meet his or
her specific needs. The juvenile offender faces a hearing, rather than a
trial, which incorporates his social history as well as legal factors. |
Defendants
in the criminal justice system are put on trial, which is based largely on
legal facts. |
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| Law
enforcement has the option of preventative detention -- detaining a youth for
his own protection or the community's protection. |
Defendants
have the right to apply for bond or bail. |
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| Not
all states afford juveniles the right to a jury trial. |
All
defendants have a constitutional right to a jury trial. |
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| A
juvenile offender is judged "delinquent" rather than "guilty." Because of the
individualized nature of the juvenile justice system, sentencing varies and may
cover a wide range of community-based and residential options. The disposition
is based on the individual's offense history and the severity of the offense,
and includes a significant rehabilitation component. The disposition can be
for an unspecified period of time; the court can send a youth to a certain
facility or program until it is determined he is rehabilitated, or until he
reaches the age of majority. The disposition may also include a restitution
component and can be directed at people other than the offender, for example
his parents. |
A
defendant is found "innocent" or "guilty." The offender is sentenced to a
specified period of time which is determined by the severity of the offense, as
well as the defendant's criminal history. |
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| Parole
combines surveillance with activities to reintegrate the juvenile into the
community. |
Parole
is primarily based on surveillance and monitoring of illicit behavior. |
