Chapter 2
Delinquency Overview
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Delinquency Overview
Delinquency is the juvenile equivalent of
adult criminality
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Criminal versus Juvenile
Terminology
Criminal = Delinquent
Crime = Delinquent act
Arrested = Taken into custody
Trial = Hearing
Found guilty = Adjudicated delinquent
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Criminal versus Juvenile
Terminology (continued)
Sentence = Disposition
Indictment = Petition
Jailed = Held in detention
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Definitions
In most states, a delinquent act occurs
when a juvenile commits an act that would
have been a crime if an adult had
committed it
In some states, delinquent acts are defined
the same as crimes
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Philosophies of Juvenile Law
Parens patriae is the underlying philosophy
of juvenile law
Rehabilitation is the goal
Best interest of the child is the standard
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Juvenile Status Offenders
Court
has jurisdiction over juvenile
status offenders (JSO)
JSO statutes allow courts to take
action against juveniles for acts that
are legal for adults
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Status Offenses versus
Delinquency
Initiation is the same
Hearing is the same
Potential loss of liberty exists in both
actions
Vagueness arguments fail because status
offenses are not criminal
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Due Process in Delinquency
Actions
Procedural due process involves mechanics
of hearings
Substantive due process involves content
of defendants’ legal rights
Kent, Gault, and Winship shaped juvenile
due process law
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Kent v. United States
Held that the due process clause applied to
juveniles
Limited juvenile courts’ discretion
Afforded due process to juveniles
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Gault
Held that due process guarantees juveniles
the right to an attorney and the privilege
against self-incrimination
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Winship
Held that the state must prove the
juvenile’s guilt beyond a reasonable doubt
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