Differences Between Adult & Juvenile Criminals

The face of American court proceedings concerning juveniles has changed quite a bit over the last sixty years. Up until the late 1950’s, juveniles had almost no rights when it came to trials for their crimes, and the judges were permitted to render whatever verdict they saw fit. Now, juveniles have many of the same rights as adults, and in some cases, they have even more rights. However, there are several differences between adult and juvenile criminals.

Differences Between Adult & Juvenile Criminals: Bail

When an adult is arrested and scheduled for arraignment, he or she can be (1) remanded to jail; (2) released with a set bail amount; or (3) released on his or her own recognizance. Juveniles, however, are not eligible for bail, so the judge must decide either to release the minor to the custody of his or her parents or to remand the juvenile to a detention facility for minors.

Differences Between Adult & Juvenile Criminals: Detainment

When an adult is arrested, he or she is usually put into a jail cell until bail can be set or he can be released on O.R. A juvenile, however, is almost never locked up with adults, and is sent to a juvenile detention facility. Some small towns do not have such facilities, but there will usually be a separate area of the jail for minors.

Differences Between Adult & Juvenile Criminals: Attorney/Client Privilege

Adults who seek the counsel of an attorney waive their right to attorney/client privilege if they invite a third party into a meeting concerning their case. With juveniles, however, they can usually have a parent or guardian present during meetings without waiving the attorney/client privilege.

Differences Between Adult & Juvenile Criminals: Jury Trials

Adults always have the right to a jury trial in criminal cases, but juveniles are not afforded that same right. There are a few states that will grant a jury trial to a minor who is a repeat offender and who is facing serious charges, but these limitations are very strict.

Differences Between Adult & Juvenile Criminals: Burden of Proof

In an adult criminal trial, the prosecutor must prove beyond a reasonable doubt that the defendant did, in fact, commit the crime. In juvenile cases, however, the prosecutor usually only has to prove with a preponderance of evidence (50%) that the defendant is guilty as long as the conviction will not result in a jail sentence. If incarceration is on the table, the prosecutor must still prove guilt beyond a reasonable doubt.