Committing crimes as a teenager: Will the Juvenile System Be Able to Protect You?

The criminal justice system in California distinguishes between juvenile and adult offenders, with separate procedures, rules, and penalties based on the age of the individual. The rationale behind this division is rooted in the belief that juveniles, due to their age and developmental stage, have a greater potential for rehabilitation than adults. California’s juvenile justice system is designed to provide interventions that focus on the rehabilitation of minors (under 18 years old) rather than solely on punishment. The adult system, on the other hand, is more punitive and focuses on retribution, deterrence, and incapacitation. Below is a detailed explanation of the key differences between the juvenile and adult criminal justice systems in California.

The most obvious difference between the juvenile and adult criminal justice systems in California is the age of jurisdiction.

• Juvenile system: In California, a juvenile is defined as anyone under the age of 18. The juvenile justice system is primarily designed for individuals who commit crimes while under the age of 18, although there are some cases where a minor may be transferred to the adult system (discussed below).
• Adult system: Once an individual turns 18, they are considered an adult under California law, and if they commit a crime, they are subject to the adult criminal justice system, regardless of the severity or type of offense.
  
  

The procedures for handling juvenile and adult cases also differ significantly, reflecting the different goals of the systems.

Juvenile system: Juvenile court proceedings are more informal than adult criminal trials. Juvenile court is designed to be more of a rehabilitative environment than an adversarial one. There are no juries in juvenile court; a judge makes all decisions regarding the case. In California, juvenile courts are governed by Welfare and Institutions Code (WIC) Section 600 et seq., not the Penal Code, which sets forth the procedures for juvenile detention, adjudication, and disposition.

• Confidentiality: Juvenile court hearings are generally closed to the public to protect the minor's privacy. Additionally, juvenile records are sealed once the individual reaches the age of 18, provided they meet certain criteria. This is meant to offer minors the opportunity for a fresh start without the permanent stigma of a criminal record.
• Delinquency vs. Crime: In juvenile court, crimes committed by minors are typically referred to as “delinquent acts” rather than “crimes.” The emphasis is placed on helping the minor reform, rather than punishing them for committing a crime.

In contrast, adult criminal proceedings are much more formal and follow the typical adversarial system, with public trials, juries, and public records. The proceedings are governed by the California Penal Code, and individuals who are accused of committing a crime are entitled to due process rights, such as the right to remain silent, the right to counsel, and the right to a trial by jury.
 Plea bargaining is a common practice in the adult system, where defendants can often negotiate a guilty plea for a reduced sentence. This is less common in juvenile proceedings, where the emphasis is more on rehabilitation and intervention rather than sentencing. Which brings us to resolving cases, one of the most significant differences between the juvenile and adult justice systems.

On the whole, the punishment for juveniles is typically less severe and more focused on rehabilitation. Minors found guilty of a delinquent act may face a range of interventions, including:

• Probation with conditions such as attending school, undergoing therapy, or performing community service.
• Juvenile detention: Minors can be placed in a juvenile detention facility, which is distinct from adult jails or prisons. These facilities are intended to be less punitive and more focused on rehabilitation.
• Commitment to a juvenile facility: For more serious offenses, a juvenile may be sent to a juvenile correctional facility, where they may receive educational services and therapy designed to address their rehabilitation needs.
• Minimum age: In California, minors under the age of 16 are not eligible for adult prison sentences, although they can be charged as adults for certain crimes (such as murder or serious felonies).

In the adult system, however, sentences tend to be more punitive. Convictions often result in incarceration in county jails or state prisons, depending on the severity of the crime. The length of the sentence depends on the offense, with some crimes carrying mandatory minimum sentences. Convicted adults may also face parole, probation, or fines, but their records will remain public and can have lifelong consequences. And, again, for very serious crimes, such as murder, individuals in the adult system can be sentenced to life imprisonment, sometimes without the possibility of parole.

Although the juvenile system is designed to handle minors, there are circumstances where a minor can be transferred to the adult criminal justice system.

• Direct filing: Under California law, the District Attorney (DA) has the authority to directly file certain serious offenses committed by minors aged 16 or older in adult court. This is typically done in cases involving violent crimes, such as murder or robbery.
• Fitness hearings: If a minor under 16 is charged with a serious crime, the juvenile court judge may conduct a fitness hearing to determine whether the minor should be tried in juvenile or adult court. The judge will consider factors such as the minor’s age, prior delinquency history, the seriousness of the offense, and the likelihood of rehabilitation. If the judge finds that the minor is unfit for the juvenile system, the case may be transferred to adult court, where the minor faces the same penalties as an adult offender.

The rules governing parole and probation also differ for juveniles and adults. While juveniles can be placed on probation instead of being incarcerated. Juvenile probation conditions often include attending school, participating in counseling or drug treatment programs, and submitting to drug testing, adults convicted of crimes may be eligible for parole after serving a portion of their sentence. Parole allows an individual to serve the remainder of their sentence under community supervision, subject to conditions such as drug testing and reporting to a parole officer.

In the case of juveniles who are committed to a juvenile facility, again, the focus is on rehabilitation. Once a juvenile has completed their sentence or treatment program, they may be released on juvenile parole, which involves monitoring by a probation officer to ensure the minor is following all court-ordered conditions and receiving the necessary rehabilitative services.

Another important distinction is how criminal records are ultimately handled. Juvenile records in California are generally sealed when the individual turns 18, provided they have completed their sentence or probation and have not committed further offenses. This means that, in most cases, the minor will not have a permanent criminal record that could affect future opportunities like employment or education. Adult criminal records, on the other hand, are public and do not automatically get sealed. A person convicted of a crime as an adult will have a permanent criminal record unless they successfully petition to have their conviction expunged.

While the juvenile and adult criminal justice systems in California share the same ultimate goal of ensuring public safety, they differ in fundamental ways. The juvenile system is focused on rehabilitation and aims to provide minors with opportunities for reform and reintegration into society. In contrast, the adult system prioritizes punishment, deterrence, and incapacitation, with a focus on holding adults accountable for their criminal behavior.

These differences reflect society's recognition that young people, due to their developmental stage, should be treated differently than adults, especially when it comes to criminal behavior. However, as some minors commit serious offenses, the potential for transferring them to the adult system does exist, raising complex questions about fairness, maturity, and the possibility of rehabilitation.
 
While Devina does not practice in juvenile court, if you have an adult criminal case, and would like to speak with her, feel free to reach out.