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Should kids who commit crimes be punished or rehabilitated?  The American justice system swings back and forth, at times believing we can stop juvenile crime by educating children and addressing their social conditions and other times believing that children are no different then adults and must be punished and scared into following the law.  Today the Juvenile Courts attempt to do both.

The First Level - JCC
If the offense is minor and the juvenile is young and has few prior offenses the case will be heard by the Juvenile Conference Committee (JCC) at an informal hearing.  Guilt or innocence is not the focus, as the Conference’s goal is early intervention with the intent to educate the child and their family. Often the child will be ordered to perform Community Service, tour a juvenile jail and / or write an essay explaining what they did wrong and why it was wrong.  If they complete everything that is required the charge will be dismissed.

The Second Level - Juvenile Court
If the crime is more serious, such as possession of drugs or assault, the juvenile goes before the juvenile court.   Juvenile Court is separate from Criminal Court and is instead part of the Family Division.  Unlike criminal court, juvenile proceedings are closed to the public and there are no juries to return indictments or decide trials.  Everything is decided by the Judge. Despite these informalities, the potential consequences for a juvenile offender are serious. A juvenile faces up to three years probation and four years in a juvenile jail.  Therefore, all juveniles must be represented by an attorney.

The judge has a tremendous amount of discretion and alternatives when sentencing a juvenile which is why representation by an experienced juvenile attorney is so important.  In addition to probation or jail a judge with the input of the juvenile’s family through counsel will determine what restrictions and programs will help modify the child’s behavior.

The Third Level  - Waiver Into Adult Court
Occasionally, the county prosecutor determines that the crime the juvenile is accused of committing is too serious to be dealt with by the juvenile court. The prosecutor can request the juvenile judge to place the child under the jurisdiction of the criminal court and be tried as an adult. The juvenile judge will hold a two part hearing and at its conclusion decide whether or not to grant the prosecutor’s motion to treat the child as an adult in addressing the charges.
The outcome of any of these avenues in the juvenile justice system will clearly have an everlasting impact on a child’s life.  For most juveniles simply going before a judge and understanding the real consequences of their action is enough to curb their bad behavior.  For others, counseling and programs can aid a parent who needs to re-establish authority over their defiant child.  Undeniably, the most important thing we can do as parents, attorneys and judges is to catch our community’s children quickly before the system decides punishment is the only answer. This article is intended to provide general advice only.  It is not intended to take the place of a consultation.

Nicole Sonnenblick is an New Jersey Criminal Defense Attorney at the law firm of Shapiro & Sternlieb, LLC, with offices in Freehold, Manalapan, and Eatontown, New Jersey.  Ms. Sonnenblick is a former assistant Monmouth County Prosecutor who concentrates her practice on representing individuals accused of crimes, including juveniles.  You may contact her with your questions at 732-617-8050