Legal Differences Between Juvenile Offenders and Juvenile Delinquents

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Table of Contents

Aims of the research
Difference between a juvenile delinquent and a juvenile offender
Juvenile offender laws
Status offense
References

Aims of the research

The research is about juvenile offenders laws in North Carolina state and it discusses the legal differences between juvenile offenders and juvenile delinquents. It also includes status offenses and the age at which the juvenile becomes eligible for processing in adult courts. A court disposition a juvenile on the basis of his/her interests and at the same time, it ensures the community is being protected. Such a release usually imposes some restrictions on the victim and in this case, its the responsibility of the parent to see the juvenile has followed the restrictions. (Maxwell, 2006)

Difference between a juvenile delinquent and a juvenile offender

In North Carolina, the law states that a juvenile delinquent is an individual aged 7-16 years who engage in an act that would be considered criminal if the same was committed by an adult. The law, therefore, finds it necessary for a juvenile delinquent to be supervised, treated on confined in a family court by a hearing. On the other hand, a juvenile offender is an individual aged 13-15 years who commit a more serious act mostly using violence and is eligible for prosecutions similar to adults. Most of the cases of juvenile offenders are handled by a supreme court but in some special cases, they can be handled by a family court. In general, offenders are subjected to severer penalties compared to juvenile delinquents. Although in North Carolina the age at which a juvenile can be prosecuted as an adult is eighteen, the victim can be tried at a lower age if the offenses are more serious. Such serious offenses include homicide as well as sexual assault. (Maxwell, 2006)

Juvenile offender laws

If a juvenile is found to be eligible for prosecution in a juvenile court, the main objective of the court is to rehabilitate the victim but not to punish the victim for the acts that he/she committed. The court, therefore, defines the action as a delinquent act but not as a criminal offense. The law provides wide discretion to the court to give a sentence to the victim according to his/her needs and therefore it recommends large juvenile prisons as well as treatment facilities. However, some juvenile offenders commit very dangerous acts and therefore deserve incarceration as the only appropriate measure despite their age. (Maxwell, 2006)

Status offense

In North Carolina, a status offender is defined as a juvenile who commits an act that would not be termed a crime if an adult commits the same. For example, youth aged 16-17 years would be charged if he/she is found possessing alcohol or tobacco and this would constitute a status offense. Other offenses that would constitute a status offender are a runaway youth and those that violate curfew as well as cases of truancy. Regarding custodial interrogation; any juvenile deserves the right to be advised before he/she is questioned. He/she should be informed of the juveniles right to remain silent as well as have a parent or a custodian present when being questioned. (Maxwell, 2006)

References

Maxwell C. (2006): child abuse, neglect, and violent criminal behavior: Blackwell Synergy pp29-38

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Legal Differences Between Juvenile Offenders and Juvenile Delinquents

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