Criminal Prosecution: Juvenile vs. Adult Offenders

The legal proceedings that are taken against a defendant for his or her criminal act are called criminal prosecution. The legal actions differ from case to case according to the graveness of the crime and age of the criminal. There are two types of criminal offenders- juveniles and adults.

Juvenile Prosecution

A juvenile offender is a criminal under the age of eighteen. In some serious offenses like sexual assault, this age can be lowered. Also, the age group may differ in different states but on an average it ranges between sixteen to eighteen. When a juvenile is taken into custody for a criminal offense, the justice concentrates on ways to rehabilitate the young boy or girl rather than punishing. In certain cases, the crime committed by the juvenile is referred as a ‘delinquent act’ and not ‘criminal act’.

Juvenile court can alter the sentence of a juvenile offender using its discretion. However, for serious offenders where incarceration becomes necessary, there are proper prisons as well. A juvenile is not arrested, he or she is "detained." Then, through a petition outlining the authority of jurisdiction over the offense as well as offender, a notice is served to the family.

Adult Prosecution

An adult criminal offender is punished with incarceration or other punishment according to the crime committed by him or her. For an adult, the criminal prosecution starts with the arrest. In certain cases, a police investigation is done prior to the arrest. While the suspect is arrested, the authorities remind him or her of the Miranda Rights which state he or she has the right to maintain silent and the right to attorney. After that, the suspect undergoes a customary search for contraband goods and weapons. Following the search, the defendant is taken to the police station or detention center.

For felony cases, the defendant’s personal belongings which includes belts and shoelaces are taken and placed in storage until he or she is presented before the magistrate. For misdemeanor cases, the defendant can be released in lieu of monetary bond and is instructed to appear for the hearing.

The period of detention may vary from one locale to another and from one crime to another. In some cases, the defendant can appear within twenty-four hours of arrest while for other cases a minimum of seventy-two hours detention is mandatory. This becomes usual if the defendant has been arrested on a Friday. If a felony case defendant does not appoint an attorney by that time or magistrate presumes that he or she cannot afford to have one, then the court appoints one. A misdemeanor case defendant is not always eligible for a court appointed attorney.

According to the Freedom to Information Act, the criminal record of an adult is an open record but that of a juvenile is sealed. If the juvenile maintains the decorum of the court, the record is expunged before his or her eighteenth birthday. The model of justice for juveniles has been designed so as to make sure that the offender never commits the crime again, and is released only after the magistrate is satisfied or the offender has served the maximum term. In other words, criminal prosecution for juveniles is less formal than that of the adults.