In California, the legal system operates differently for juveniles and adults even if they commit identical offenses. This is in recognizing that young people are unique, sometimes make mistakes, and have the potential for rehabilitation.
"Delinquency proceedings" or "Section 602 proceedings" are terms for criminal court for people younger than 18, and primarily covers minors aged between 12 to 17. However, in certain grave cases, such as murder or rape, even those under 12 can be tried, indicating the serious nature of these crimes.
There are many similarities between criminal adult and juvenile delinquency proceedings but also some important distinctions in terminology and process.
Differences Between Adult Criminal Court and Juvenile Delinquency Proceedings
Terminology: Adults "commit crimes” while juveniles are accused of “delinquent acts.”
Court Process: Juveniles undergo adjudication hearings without a jury, while adults face public trials with a jury.
Decision-making: In juvenile cases, the judge decides on the delinquency and subsequent actions. In adult cases, the jury often determines guilt.
Purpose: The adult system aims to punish, whereas the juvenile system focuses on rehabilitation and the minor's best interest.
Sentencing: Juvenile courts use alternative sentences like probation, diversionary programs, and parole to avoid jailing minors.
Formality: Adult courts are formal, while juvenile courts are more relaxed.
Evidence Rules: Juvenile courts have lenient rules regarding the admission of evidence compared to adult courts.
Differences Between Adult Criminal Court and Juvenile Delinquency Proceedings
Both adults and juveniles have the right to an attorney.
Both can cross-examine and confront witnesses against them.
Neither adults nor juveniles are forced to incriminate themselves.
Both have the right to be informed of the charges against them.
In both systems, the prosecution must prove the charges beyond a reasonable doubt.
Central to the philosophy of California's juvenile system is the belief in rehabilitation. Unlike the adult system, which leans heavily on punishment, the juvenile system is geared towards providing young offenders with education and necessary services. This approach aims to ensure they move past their wrongdoings, reunite with their families, and transition into being productive citizens.
However, this rehabilitation-focused philosophy doesn't imply a free pass for wrongdoing. Juvenile delinquents can still face sanctions, though they differ from adult penalties. From fines, community service, and compulsory attendance in victim impact classes to placements in juvenile facilities or the CYA, these sanctions underscore discipline over retribution.
If your child or a juvenile you love has been arrested, cited, or is involved in juvenile delinquency proceedings in the Lake Tahoe Area, call me today for a free consultation, and I can let you know how I can help.