The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (June 2020) |
Criminology and penology |
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Youth rights |
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Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority.[1] These acts would otherwise be considered crimes if the individuals committing them were older.[2] The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.[3]
In the United States, a juvenile delinquent is a person who commits a crime and is under a specific age.[4] Most states specify a juvenile delinquent, or young offender, as an individual under 18 years of age while a few states have set the maximum age slightly different.[5] The term "juvenile delinquent" originated from the late 18th and early 19th centuries when treatment of juvenile and adult criminals was similar and punishment was over the seriousness of an offense.[6] Before the 18th century, juveniles over age 7 were tried in the same criminal court as adults and, if convicted, could get the death penalty. Illinois established the first juvenile court. This juvenile court focused on treatment objectives instead of punishment, determined appropriate terminology associated with juvenile offenders, and made juvenile records confidential. In 2021, Michigan, New York, and Vermont raised the maximum age to under 19, and Vermont law was updated again in 2022 to include individuals under the age of 20.[7] Only three states, Georgia, Texas, and Wisconsin, still appropriate the age of a juvenile delinquent as someone under the age of 17.[5] While the maximum age in some US states has increased, Japan has lowered the juvenile delinquent age from under 20 to under 18. This change occurred on 1 April 2022 when the Japanese Diet activated a law lowering the age of minor status in the country.[8][9][10] Just as there are differences in the maximum age of a juvenile delinquent, the minimum age for a child to be considered capable of delinquency or the age of criminal responsibility varies considerably between the states.[7] Some states that impose a minimum age have made recent amendments to raise the minimum age, but most states remain ambiguous on the minimum age for a child to be determined a juvenile delinquent. In 2021, North Carolina changed the minimum age from 6 years old to 10 years old while Connecticut moved from 7 to 10 and New York made an adjustment from 7 to 12. In some states the minimum age depends on the seriousness of the crime committed.[11] Juvenile delinquents or juvenile offenders commit crimes ranging from status offenses such as, truancy, violating a curfew or underage drinking and smoking to more serious offenses categorized as property crimes, violent crimes, sexual offenses, and cybercrimes.[12]
Some scholars have found an increase in arrests for youth and have concluded that this may reflect more aggressive criminal justice and zero-tolerance policies rather than changes in youth behavior.[13] Youth violence rates in the United States have dropped to approximately 12% of peak rates in 1993 according to official US government statistics, suggesting that most juvenile offending is non-violent.[14] Many delinquent acts can be attributed to the environmental factors such as family behavior or peer influence.[15][16] One contributing factor that has gained attention in recent years is the school to prison pipeline. According to Diverse Education, nearly 75% of states have built more jails and prisons than colleges. CNN also provides a diagram that shows that cost per inmate is significantly higher in most states than cost per student. This shows that tax payers' dollars are going toward providing for prisoners rather than providing for the educational system and promoting the advancement of education. For every school that is built, the focus on punitive punishment has been seen to correlate with juvenile delinquency rates.[17] Some have suggested shifting from zero tolerance policies to restorative justice approaches.[18]
Juvenile detention centers, juvenile courts and electronic monitoring are common structures of the juvenile legal system.[19] Juvenile courts are in place to address offenses for minors as civil rather than criminal cases in most instances. The frequency of use and structure of these courts in the United States varies by state.[20] Depending on the type and severity of the offense committed, it is possible for people under 18 to be charged and treated as adults.[21]
a person, usually young, who behaves in a way that is illegal or not acceptable to most people
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