What Are Some Dispositions in the Juvenile Justice System?

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    Dismissals

    • Judges may opt to dismiss a case for a number of reasons, usually a lack of evidence. In some states, such as Minnesota, the judge decides a case by herself, without a jury.

    Diversion

    • Diversion can offer the juvenile an opportunity for a deferred verdict, which means if the juvenile completes the diversion program, the case does not show up on his record as a guilty verdict. Diversion classes can include first-time drug offender, alcohol, shoplifting or gang.

    Probation

    • Probation often offers the best hope of rehabilitation for the juvenile. The probation officer works with the parents, court, school and any other interested parties to help the juvenile get on the right track so she can succeed in life. The probation officer ensures that the child attends any needed treatment, abides by curfews, attends school and remains law-abiding. The juvenile will either turn 18 and cycle out of the system or complete the probation period assessed by the court.

    Custody

    • The courts will hold juveniles in secure facilities if they decide it is in the best interest of the child or community. While a juvenile may be held temporarily pending his initial hearing, a final disposition of custody usually means that either the courts have judged the crime severe enough to warrant custody or no other options remain for the juvenile. The two custody options include detention, similar to adult jail or corrections, similar to adult prison.

    Incompetency or Insanity

    • Incompetence means the defendant cannot help with his own defense. Insanity means he cannot tell right from wrong, provided he is of legal age to do so. In these cases, the defense attorney requests that the juvenile submit to a psychiatric evaluation, which can take a month or longer. The judge will review the results of the psychiatric evaluation to determine if the youth can stand trial. If the judge determines the juvenile is not fit, he may order the youth to complete mental health treatment until she is judged competent. If competency is not possible in the near future, the judge can order involuntary commitment to a mental facility or dismiss the charges and release the youth from custody.

    Transfer to Adult Court

    • Sometimes, juvenile court transfer cases up to adult court. The courts address this on a case by case basis, and the transfer process differs depending on the specific jurisdiction. While the age of the juvenile, usually 16 or 17, is a major consideration in transfers, the courts transfer younger offenders in some extremely violent cases. In addition to age, the courts consider the following general guidelines for transfer: the type of offense, presence of a weapon in the offense and the defendant's history of violence and prior felonies.

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