Juvenile Court - United States

United States

In all but four states, anyone charged with committing a criminal act before his or her seventeenth or eighteenth birthday is initially processed as a juvenile defendant. In New York and North Carolina, however, the minimum age at which all accused persons are charged as adults is 16. In Illinois, Michigan, Texas and eight others the minimum age is 17. Also, in other states such as Washington, the minimum age depends on the seriousness of the crime.

In Kent v. United States (1966), the United States Supreme Court held that a juvenile must be afforded due process rights, specifically that a waiver of jurisdiction from a juvenile court to a district court must be voluntary and knowing. The U.S. Supreme Court held, in 1967, that children accused in a juvenile delinquency proceeding have the rights to due process, counsel, and against self-incrimination, essentially the Miranda rights. Writing for the majority, Associate Justice Abe Fortas wrote, "Under our Constitution, the condition of being a boy does not justify a kangaroo court."

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