What Is Juvenile Crime?

In its simplest definition, "crime" is any specific act prohibited by law for which society has provided a formally sanctioned punishment. This also can include the failure of a person to perform an act specifically required by law.

Types of Offenses. Crimes, whether committed by adults or juveniles, are classified by the seriousness of the offenses as follows:

A felony is the most serious offense, punishable by a sentence to a state institution (Youth Authority facility or adult prison). Felonies generally include violent crimes, sex offenses, and many types of drug and property violations.
A misdemeanor is a less serious offense for which the offender may be sentenced to probation, county detention (in a juvenile facility or jail), a fine, or some combination of the three. Misdemeanors generally include crimes such as assault and battery, petty theft, and public drunkenness.
An infraction is the least serious offense and generally is punishable by a fine. Many motor vehicle violations are considered infractions.

Many types of crimes in California can be charged as either a felony or a misdemeanor (known as a "wobbler"), or as either a misdemeanor or an infraction.

Juveniles, like adults, can be charged with a felony, a misdemeanor, or an infraction. However, as we discuss later, juveniles can also be charged with offenses that are unique to youth.

Categories of Crimes. In general, felonies, misdemeanors, and infractions fall into one of three broad categories: violent, property, and drug-related. Violent crimes refer to events such as homicide, rape, and assault that result in an injury to a person.

Property crimes are offenses with the intent of gaining property through the use or threat of force against a person. Burglary and motor vehicle theft are examples.

Drug-related crimes, such as possession or sale of illegal narcotics, are generally in a separate category altogether. This is because such offenses do not fall under the definition of either violent or property offenses.

The Juvenile Justice System Is Different. The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults. Separate courts, detention facilities, rules, procedures, and laws were created for juveniles with the intent to protect their welfare and rehabilitate them, while protecting public safety.

Under certain circumstances, youthful offenders can be tried either as juveniles or as adults. But even in these situations, their treatment is different from that of adults. For example, a juvenile who is arrested for an "adult" offense can be adjudicated in either juvenile court or adult court; if convicted, he or she can be incarcerated in either a county or state correctional facility or left in the community; and if incarcerated, he or she can be placed with either other juveniles or adults. In contrast, an adult charged with the same offense would be tried in an adult court; if convicted, he or she would be incarcerated by the state and would be housed with adults.

Legal Categories of Juvenile Offenders.Juvenile offenders are generally placed in one of four legal categories depending primarily on the seriousness of the offense committed (see page 6). Two of these categories ("criminal offenders" and "juveniles remanded to superior court") are for juveniles who have committed adult-like crimes. The other categories ("informal probationers" and "status offenders") are for youth who have committed less serious offenses or offenses unique to juveniles, like curfew violations.

How Does California's Juvenile Justice System Work?

Goals of the Juvenile Justice System. Both California's adult and juvenile justice systems have as one of their goals public safety. California's adult system also has punishment of offenders as a goal, while California's juvenile justice system has a different goal--treatment and rehabilitation of juvenile offenders. To this end, the state's juvenile justice system has a broad array of methods and programs for addressing juvenile crime, taking into account the severity of the offense and the background of the offender. These include treatment programs, detention, incarceration, and community supervision. Generally, the system provides for escalating responses to offenses of increasing severity, such as informal probation, formal probation, detention, and incarceration. And, because the system has as a goal rehabilitation, many more agencies have a role to play in California's juvenile justice system than in the adult system, including schools, social services agencies, and community-based orga nizations.

The Juvenile Justice Process. Following the arrest of a juvenile offender, a law enforcement officer has the discretion to release the juvenile to his or her parents, or take the offender to juvenile hall. The county probation department, the agency responsible for the juvenile hall, has the discretion to accept and "book" the offender or not, in which case, the disposition of the juvenile is left to the police. Because most of the state's juvenile halls are overcrowded, mainly with juveniles being held for violent offenses, juvenile halls may accept only the most violent arrestees, turning away most other arrestees.

If the offender is placed in juvenile hall, the probation department and/or the district attorney can choose to file a "petition" with the juvenile court, which is similar to filing charges in adult court. Or, the district attorney may request that the juvenile be "remanded" to adult court because the juvenile is "unfit" to be adjudicated as a juvenile due to the nature of his or her offense. For a juvenile who is adjudicated and whose petition is sustained (tried and convicted) in juvenile court, the offender can be placed on probation in the community, placed in a foster care or group home, incarcerated in the county's juvenile ranch or camp, or sent to the Youth Authority as a ward of the state. For a juvenile tried and convicted in adult court, the offender can be sentenced to the Department of Corrections, but can be placed in the Youth Authority through age 24.

The Prominent Role of County Probation Departments. County probation departments supervise 97 percent of all juvenile offenders; the remaining 3 percent are committed to the Youth Authority and become a state responsibility. In contrast, about 18 percent of convicted adults are sent to state prison and become a state responsibility. County probation departments make recommendations to judges on placements and sentencing of juveniles, supervise these offenders in the community, provide rehabilitation and training services to probationers, and operate juvenile halls and county ranches and camps.

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