Minor (law) - United States

United States

In the United States as of 1995, minor is legally defined as a person under the age of 18, although 21 with the context of alcohol; people under the age of 21 may be referred to as "minors". However, not all minors are considered "juveniles" in terms of criminal responsibility. As is frequently the case in the United States, the laws vary widely by state.

In four states: New York, North Carolina, New Hampshire and Texas, "juvenile" refers to a person under 17. In most states a juvenile is legally defined as a person under 18.

Under this distinction, those considered juveniles are usually tried in juvenile court, and they may be afforded other special protections. For example, in some states a parent or guardian must be present during police questioning, or their names may be kept confidential when they are accused of a crime. For many crimes (especially more violent crimes), the age at which a minor may be tried as an adult is variable below the age of 18 or (less often) below 16. For example, in Kentucky, the lowest age a juvenile may be tried as an adult, no matter how heinous the crime, is 14.

In most states, juveniles cannot be incarcerated with adult inmates, even if the child is charged as an adult. This is also discouraged by the federal government, which prefers funding only if children and adults are housed in separate facilities.

The death penalty in the U.S. for those who committed a crime while under the age of 18 was discontinued by the U.S. Supreme Court Case Roper v. Simmons in 2005. The court's 5-4 decision was written by Justice Kennedy and joined by Justices Ginsburg, Stevens, Breyer, and Souter, and cited international law, child developmental science, and many other factors in reaching its conclusion.

The twenty-sixth amendment to the U.S. Constitution, ratified in 1971, granted all citizens the right to vote in every state, in every election, from the age of 18.

The US Department of Defense took the position that they would not consider the "enemy combatants" they held in extrajudicial detention in the Guantanamo Bay detainment camps to be minors unless they were less than sixteen years old. In the event they only separated three of the more than a dozen detainees who were under 16 from the adult prison population. All the several dozen detainees who were between sixteen and eighteen years of age were detained with the adult prison population. Now those under 18 are kept separate in line with the age of majority and world expectations.

Some states, including Florida, have passed laws allowing a person who commits an extremely heinous crime such as murder to be tried as an adult, regardless of age. These laws, however, have faced the challenges of the American Civil Liberties Union.

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