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An Overview...
Juvenile justice is the area of criminal law applicable to persons
not old enough to be held responsible for criminal acts. In most
states, the age for criminal culpability is set at 18 years. Juvenile
law is mainly governed by state law and most states have enacted
a juvenile code. The main goal of the juvenile justice system
is rehabilitation rather than punishment.
Juveniles can be transferred into adult court if the juvenile
court waives or relinquishes its jurisdiction.
State statutes creating juvenile courts and providing methods
for dealing with juvenile delinquencey have generally been upheld
by courts as an acceptable extension of state police power to
ensure the safety and welfare of children. The doctrine of parens
patriae authorizes the state to legislate for the protection,
care, custody, and maintenance of children within its jurisdiction.
The federal role in the field has largely been that of funder
and standard setter. Congress passed the Juvenile Delinquency
Prevention and Control Act in 1968. This was later revised in
1972, and renamed the Juvenile Delinquency Prevention Act. The
stated purpose of the act is to assist states and local communities
in providing community based preventative services to youths in
danger of becoming delinquent, to help train individuals in occupations
providing such services, and to provide technical assistance in
the field.
The Federal Juvenile Delinquency Act defines juvenile delinquency
(any act that is othewise a crime, but is committed by someone
under 18 years of age) and sets forth rules by which state laws
must comply with regard to juvenile court procedures and punishments.
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