Criminal suspects of majority age and minority age respectively are treated differently by the US criminal justice system. The term minority age from the perspective of criminal procedure also varies from state to state with most states considering 18 as the age of majority and others such as New York and North Carolina considering 13 as the relevant age of majority (Cole, Smith, & DeJong, 2015). The differences between procedure in juvenile courts and adult courts vary exponentially from procedure after arrest, trail system, sentencing and also with regard to criminal records (Cole, Smith, & DeJong, 2015).
Arrest and Trial
Whenever an adult is found culpable for a crime, they can be arrested with or without a warrant and charged in court without any further background procedures (Cole, Smith, & DeJong, 2015). Three options are however available at the full discretion of police when a minor is arrested. The officer can release the minor with a warning, hold the minor until a legal guardian arrives or refer the minor to the children’s office for further consideration on whether the minor will be charged.
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This decision is based on whether or not the minor has achieved the age of criminal responsibility. Depending on the nature of the crime, the character of the minor and whether or not it is a case of recidivism, the children’s department will determine whether or not the child will be charged in Court (Cole, Smith, & DeJong, 2015). The charges and trial are held in camera and the minor is given every benefit of doubt by the trial court. If criminal liability is established, the court will decide on a sentence that is geared towards rehabilitation and not punishment. The records of the trail, conviction and sentencing are usually sealed. This is unlike adults who are tried in open court and whose sentencing is mainly geared towards punishment (Cole, Smith, & DeJong, 2015).
Conclusion
The way the legal system treats minor is exponentially different from the way it treats adults in spite of congruency in the crime committed. However, with the age of majority in some states being up to 13 years, it is clear that this respite for minors might peter away as crime among the young increases. In the interim however, the system is well set to protect minors who may commit crimes through blameless inadvertence.
Reference
Cole, G. F., Smith, C. E., & DeJong, C. (2015). Criminal justice in America . New York: Cengage Learning.
