New Jersey Criminal Lawyers Blog
Recognizing that young minds are still developing and learning, our justice system allows for juvenile offenders to be treated differently from adult offenders to give minors a second chance and make better choices going forward.
Although juvenile and criminal courts both seek to hold offenders accountable for their actions, there are several differences in their approach. Perhaps the most significant is that criminal court focuses on punishment while juvenile court focuses on rehabilitative opportunities. The proceedings themselves and even the terminology used in the two courts differ as well:
- Adults commit crimes; juveniles commit delinquent acts.
- Adults face potential criminal convictions; juveniles face adjudications of delinquency.
Adults are entitled to a trial by a jury of their peers, in Criminal Court. These trials, which generally are heard in the county in which the crime was committed, are open to the public and the proceedings and dispositions are matters of public record. Once convicted, the offender’s criminal record can stay with him or her long after their sentence is completed.
Minors, on the other hand, are entitled to a bench trial, which is presided over by a juvenile court judge in Family Court. Usually, juvenile trials are held in the county where the minor resides.
Generally, New Jersey’s juvenile proceedings are closed to the public. New Jersey imposes restrictions designed to protect the privacy of the minor involved, including requiring certain identifying information about the minor be kept confidential.
As a rule, juvenile court records are confidential and accessible only by the subject of the hearings via Court Order, or by their parent or guardian. There are certain limited exceptions, however, where these records can be released to others such as law enforcement or school officials.
Recognizing that delinquent acts, like criminal activity, have various levels of severity, New Jersey does have exceptions where minors may be tried as adults under certain limited circumstances depending on the criminal offense alleged and the age of the juvenile at the time of offense.
Before deciding if a juvenile case may be waived to adult criminal court, a judge will consider the minor’s age, the severity of the crime, and other surrounding circumstances of the alleged offense.
Another significant difference between the criminal court and juvenile court systems is that while adult offenders may have their criminal records expunged under certain circumstances, this process is more streamlined for juvenile offenders. The confidentiality and rehabilitative opportunities afforded by the juvenile court system are intended to help minor offenders avoid committing future crimes and grow into productive members of their society.