Also known as:juvenile delinquents · juvenile delinquency · juvenile offender · minor offender
Written by attorneys · grounded in primary & secondary sources — see below
A minor who commits an act that would be a crime if committed by an adult.
Sources & Authorities
How it applies
Common Examples
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Adjudication Standard Applied
Jasmine Jordan, age 12, faced a petition alleging she took cash from a locker. The court required the state to prove each element of the underlying theft beyond a reasonable doubt before entering a delinquency finding. The judge rejected a lower probability standard and dismissed the petition when the evidence left reasonable doubt.
Non-Homicide Sentence Barred
James Johnson, age 15, was convicted of aggravated kidnapping after holding bus passengers hostage without injuring anyone. The court refused to impose life without parole, recognizing that the Eighth Amendment forbids that penalty for a juvenile in a non-homicide case. James received a term that preserved the possibility of release.
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Cases
Statutes
Federal Rules
Uniform Acts
Casebooks
Dictionaries
Female Juvenile Charged
Jamal Jefferson and Joy Jiang, both 15, were involved in an underage sexual encounter. The state charged Joy as a juvenile delinquent under the statute that defined the conduct as unlawful when committed by an adult. The court upheld the petition because the statute permitted prosecution of either participant.
Michael M. v. Superior Court of Sonoma County450 U.S. 464, 477–479, 101 S.Ct. 1200, 1208–1209 (Stewart, J., concurring)
School Search Leads to Petition
Jose Jimenez, a high-school student, was searched by an assistant principal after reports of smoking in the restroom. The search produced evidence that formed the basis for a delinquency petition alleging possession of contraband. The court admitted the evidence and proceeded to adjudication under the applicable juvenile statute.
New Jersey v. T.L.O.469 U.S. 325 (1985)
Mandatory Term Rejected
Jeanette Jensen, age 16, was convicted of homicide arising from a robbery. The sentencing court declined to impose a mandatory life-without-parole term, noting that such a sentence cannot be imposed automatically on a juvenile. Jeanette received an individualized sentence that accounted for her age.
Miller v. Alabama567 U.S. 460 (2012)
Due Process Protections Required
Jordan Dynamics employee Jamal Jefferson, age 14, faced a delinquency petition after an alleged theft at work. The court provided notice of charges, appointed counsel, and permitted cross-examination before adjudication. These steps satisfied the constitutional requirements that apply when a juvenile faces a delinquency finding.
In re Gault387 U.S. 1, 13, 87 S.Ct. 1428, 1436, 18 L.Ed.2d 527 (1967)
Common questions
Frequently Asked
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What standard of proof applies when the state seeks to adjudicate a juvenile delinquent for conduct that would be criminal if committed by an adult?+
The Due Process Clause requires proof beyond a reasonable doubt of every element. This standard applies even though the proceeding is labeled a delinquency adjudication rather than a criminal trial. Lower standards such as preponderance or clear and convincing evidence are constitutionally insufficient.
May a juvenile adjudicated delinquent for a non-homicide offense receive a sentence of life without parole?+
No. The Eighth Amendment categorically prohibits life without parole for a juvenile offender convicted of a non-homicide offense. The prohibition rests on the offender's age and the absence of homicide rather than the degree of planning or victim impact.
Does the Constitution require jury trials in juvenile delinquency proceedings?+
No. The Sixth Amendment jury-trial right does not extend to juvenile adjudications even when the underlying conduct would be criminal for an adult.
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)Criminal Procedure
…387 U. S. 1 (1967). The present case draws in question the validity of a New York statute that permits a determination of juvenile delinquency, founded on a charge of criminal conduct, to be made on a standard of proof that is less rigorous than that which would obtain had the accused been tried for the same conduct in an ordinary…