When Is a Child Too Young for Juvenile Court? A Comparative Case Study of State Law and Implementation in Six Major Metropolitan Areas

• Published in: Crime and delinquency Vol. 66; no. 2; pp. 219 - 249
• Main Authors: Abrams, Laura S., Barnert, Elizabeth S., Mizel, Matthew L., Bedros, Antoinette, Webster, Erica, Bryan, Isaac
• Format: Journal Article
• Language: English
• Published: Los Angeles, CA SAGE Publications 01.02.2020; SAGE PUBLICATIONS, INC
• Subjects: Age differences; Case studies; Children; Comparative analysis; Interest groups; Juvenile courts; Juvenile delinquency; Legal studies; Metropolitan areas; Minimum age; Policy implementation; Stakeholders; State laws; States; Statutes; United States > US; diversion; competency; juvenile justice; minimum age laws; capacity
• ISSN: 0011-1287; 1552-387X
• DOI: 10.1177/0011128719839356

There is a dearth of knowledge concerning statutes and practices designed to protect younger children from formal juvenile court petitions. This case study examines minimum age laws and related statutes in the six largest U.S. states and explores implementation of these policies and practices in major metropolitan areas within these states. The primary study methods included legal analysis and stakeholder interviews. Legal analysis identified diverse minimum age laws across states and complex statutes related to children’s capacity to stand trial and competency. Stakeholders across the six cases agreed that the state should protect young children from formal delinquency petitions when possible. Discretionary statutes and practices appeared to play a key yet inconsistent role in excluding younger children from juvenile court.