- When adult offenders are arrested, they are taken to the police station for processing into the criminal justice system. Typically, the offender will then see a magistrate or justice of the peace who will set bail. If the offender is able to post bail, he may be released pending an arraignment or other hearing. What happens to a juvenile when he is arrested depends on several things. When a juvenile enters the system through a contact with police, the police have the authority to either refer the juvenile to the prosecutor's office for further processing in juvenile criminal court, or to redirect the juvenile out of the criminal court system and into a diversion program. Law enforcement officers make the decision to divert a juvenile based on factors such as the juvenile's prior contacts with police, his relationship with parents and whether the juvenile might benefit from an informal sanction, like performing community service or writing a letter of apology.
- After an arrest, a juvenile will be taken to the juvenile detention center. Once there, detention center intake officers will determine whether the individual should be held pending a hearing, or released to a parent or guardian. If the juvenile is detained, a detention hearing must be held within about 24 hours, with some exceptions for weekends and holidays when court may not be in session. During a detention hearing, a judge will hear testimony and recommendations from the probation officer as to whether the juvenile should remain in custody or be released. A prosecutor may also address whether the juvenile is charged with a crime that would require the case to be transferred to adult criminal court for further handling. In many states, some very serious crimes must be heard in adult court, even if the alleged offender is under 18. If the case will remain in juvenile court, the juvenile will then have what in adult court is called a trial.
- Juvenile court judges seek to rehabilitate young offenders.Stockbyte/Stockbyte/Getty Images
The U.S. Constitution guarantees every criminal defendant the right to a trial by jury. A juvenile defendant, however, is entitled to what is termed an "adjudicatory hearing." The hearing will happen much like a trial, but in most states there will be no jury, as juveniles are not always entitled to one. The judge or jury will hear the evidence against the accused, and in an adult trial a verdict of guilty or not guilty will be rendered, whereas in a juvenile court setting the judge will either adjudicate the juvenile delinquent or not. - If a juvenile is an adjudicated delinquent, a disposition plan is usually prepared. In an adult criminal court, when an offender is found guilty he or she will likely undergo a pre-sentence investigation and then a sentencing hearing will be held for the judge to impose the sentence. For a juvenile, the process varies slightly. A juvenile probation officer will conduct an investigation into the juvenile's background so he can make a recommendation as to the appropriate sentence or "disposition." An adult may be sentenced to a variety of punishments, including probation, house arrest or incarceration. A juvenile disposition may also include those sanctions, but if a juvenile is to be held in detention there are more options available than just a detention facility. Juveniles may be held in boot camps, group homes, ranches or industrial schools in addition to a traditional detention center.
