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 White paper on crime 2005 Part4/Chapter6/Section4/2 

2 Juvenile justice system

  The United States of America(US)does not have a single juvenile justice system as in Japan,and there are separate systems for50states and the District of Columbia.However,all of these jurisdictions have juvenile courts and have a juvenile justice system that is different from the justice system for adults.
  Juvenile courts exercise jurisdiction over delinquency cases which would be considered as crime if carried out by an adult,as well as status offense cases which apply only to juveniles.
  As for the upper age limit for juvenile delinquents in delinquency cases where the juvenile courts normally have jurisdiction,37states and the District of Columbia set it at17years old,10states at16,and3states at15(as of the end of Congress Sessions for2002).16states have established the lower age limit for juvenile delinquents in delinquency cases where the juvenile courts normally have jurisdiction,and the breakdown of the limits are10years old for11states,8for1state,7for3states,and6for1state(as of March2005).
  Lately,the systems of including juveniles in criminal procedures as adults are expanding.These systems can be classified broadly into three types which are:(1)the judicial waiver system,where the juvenile court judge waives his/her jurisdiction and decides whether to transfer the juvenile to a criminal court,(2)the direct file or concurrent jurisdiction system,where for certain types of cases,joint jurisdiction by the juvenile court and the criminal court is authorized and the public prosecutor decides the court to prosecute a juvenile,(3)the statutory exclusion system,where certain types of juveniles and crimes are excluded from the jurisdiction of juvenile courts and placed under the jurisdiction of a criminal court in the same way as adults.In some jurisdictions,types(1)to(3)are introduced in conjunction with each other.Some jurisdictions also introduce a reverse waiver system which transfers juveniles from criminal court to juvenile court.
  The juvenile blended sentencing system where the juvenile court is able to sentence a punishment on juveniles is introduced in15states.On the contrary,17states have introduced the criminal blended sentencing system where criminal court is able to dispose juvenile cases in the way which traditionally only the juvenile court was able to(as of the end of Congress Sessions for2002).
  As for the age to be held criminally responsible,unless otherwise specified,in accordance with the common law,it is regarded that persons under the age of7(infancy)will not be held criminally responsible,juveniles who are14years old or over are regarded as fully capable of being held responsible,and persons in between those two age groups,from the age of7to under the age of14,are under rebuttable presumption of no criminal capacity.However,many jurisdictions have changed the common law standard enacting laws codifying the age of criminal responsibility.
  In general,juvenile delinquency cases go through the process of intake,adjudication,and disposition.
  In general,intake refers to a decision-making process for determining how a case will be handled.The intake process typically involves screening the police complaint for legal sufficiency and making an initial determination regarding how it should be handled:formally or informally.If a case is handled formally,a petition,complaint,or other legal instrument will be filed with the juvenile court and a hearing will be scheduled.If the case is handled informally,the probation department may supervise the juvenile for a period of time or the case may be diverted to some alternative tribunal,such as a teen court or community panel.Prosecutors and/or intake officers make intake decisions and draft petitions.
  As for adjudicatory proceedings in a juvenile court,the U.S.Supreme Court concluded that a juvenile and his/her parent have to be notified of the charges to prepare and of the right to be presented by counsel,that the privilege against self-incrimination applies to juveniles in the same way as adults,that when there isn't a valid confession,confrontation and sworn testimony by witnesses available for cross-examination were essential for a finding of delinquency,and that the safeguard of proof beyond a reasonable doubt is required.
  When juvenile courts finish adjudication,they proceed to disposition.Dispositions for delinquent cases include institutionalization,placement in group homes,with foster parents,or in residential facilities similar to these,probation with ordinary or intensive supervision,participation in day treatments or mental health programs,fines,and community service.Juveniles can be placed in discretionary facilities or subject to probation for cases that are not adjudicated of delinquent facts.