Vegter Law | Northwest Indiana

The juvenile court has jurisdiction over matters involving minors. The age range during which one is legally considered a juvenile varies by state. The upper age of juvenile court jurisdiction ranges between fifteen and eighteen years of age as determined by state and circumstance. The first juvenile court in the United States was established in 1899. By 1945, every US state had a juvenile court.

Prior to the creation of juvenile court systems, juveniles were tried in adult courts and often received harsh punishment. Juvenile court systems were established to investigate, identify, and treat offenders, rather than to assign blame and order heavy penalties. The juvenile court system operated under the doctrine of parens patriae, whereby the court would act as a parent on behalf of a misbehaving child. The term “parens patriae” is now used to refer to cases where the juvenile court will step in to protect a juvenile when their parents or guardians are unable or unwilling to properly care for them.

Traditionally, juvenile court proceedings were informal and the judge had wide discretion over the disposition of cases. The juvenile court system still retains many of its traditional features, but is an ever-evolving constituent of the American criminal justice system. The juvenile court has undergone a myriad of renovations and changes, many of which have pushed the juvenile court system closer towards resembling the adult criminal system. Despite this convergence, many features of the juvenile court are still distinct.

In 2002, more than two million juveniles were arrested. Of these arrests, the majority of cases (73 percent) were referred to the juvenile court. Nearly 20 percent of these arrestees were handled by the law enforcement department and released. About seven percent of all juvenile offense cases are deferred by the juvenile court to the adult criminal court. The remaining cases are referred to another police or welfare agency.

Approximately one half of all cases that go to the juvenile court are handled informally. In these cases, juvenile court authorities will evaluate the case to determine if corrective or other actions should be taken. Petitioned cases involve more formal legal proceedings. In juvenile court, offenses are acts of delinquency rather than criminal acts. A juvenile who is found guilty is adjudicated rather than convicted. Of the persons adjudicated though juvenile court proceedings in 2002, 63 percent received probation, 24 percent were placed in a residential facility, 2.5 percent were dismissed, and ten percent received fines, restitution, community service or similar orders.

Defendants in the juvenile court system are guaranteed many of the rights and protections offered to adult criminal defendants. Juvenile defendants have the right to obtain legal counsel and have numerous due process rights. Juvenile court cases can often be complex: the professional help of a knowledgeable attorney is often essential to protecting a defendant’s legal rights and options. If you would like to learn more about the juvenile court system, please contact Vegter & Vegter to speak with a qualified attorney who can evaluate your case to determine the best way to protect and maximize your interests.

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