Whena minor is arrested, the Juvenile Justice and Delinquency PreventionAct determines what will happen to them. Also, states have the powerto enact separate legislation to deal with the issue. For instance,in California, the Welfare and Institutions Codes 601 and 602determine the juvenile justice system procedures. Even though minorshave the right to contact a lawyer, they cannot post bail on theirown. There are two types of offenses that children can commit. Thefirst type of crimes is termed as status offenses. Status crimeshappen when a child does an act that is illegal when done by childrenonly. As such, status crimes are not applicable to adults. Forinstance, if a child handles or consumes alcohol, they commit astatus crime. In a situation that involves a status crime, there arethree possible outcomes (Birckhead and Mouthaan, 2016 Snape, 2016).
One,the judge could sentence the child to a deferred adjudication whichis a form of informal probation. During the probation period, theminor has to stay out of trouble. If he or she does not commit anyother crime, then they can go away scot free. Additionally, the judgecould sentence a child to home probation. Under this sentence, thechild has to be monitored by a probation officer while at home.Lastly, the justice can punish a minor by sending him or her to acorrectional institution to serve time. Correctional facilities arereserved for troublesome children (Snape, 2016).
Aminor’s cases can be termed as juvenile delinquency if they breakthe law. The court will consider the nature of the crime, the child’sage, and prior criminal activity before making a ruling. Further, thecourt will apply similar sentencing procedures to those under statuscases. Children who commit grave crimes such as murder and robberycan be tried as adults. Furthermore, children can have theirconvictions erased once they turn eighteen. Erasing convictionsinvolves the deletion of a minor’s name from the juvenile justicesystem records. However, if that is not possible, a child’s legalrepresentative can have the records sealed from public access(Birckhead and Mouthaan, 2016 Snape, 2016).
Birckhead,T. R., and In Mouthaan, S. (2016). Thefuture of juvenile justice: Procedure and practice from a comparativeperspective.Durham, North Carolina: Carolina Academic Press
Snape,J. (2016). CaliforniaFamily Code 2016. Carlifornia:Snape Legal Publishing