Juvenile Justice, Probation, and Parole

About 100 years ago, the United States established the first separate juvenile justice system. The system aimed at rehabilitating and diverting young delinquent offenders from the often harsh prosecution guidelines of the adult criminal court. On establishment, the juvenile justice system was based on the assumption that children and adolescents who commit crimes should be viewed as people in need of assistance rather than focusing on the acts that bring them to court. The juvenile court proceedings were informal and confidential and the verdict left at the discretion of the judge who must make the decision putting the child’s interests first.

Juvenile courts

The juvenile court system mirrors the adult criminal justice system in some ways but also differs significantly. A juvenile court system has a completely separate set of sentencing guidelines, detention facilities, probation and parole officers, and statutes that classify delinquencies and status offenses based on a juvenile’s age. A juvenile court judge is responsible for the function and administration of juvenile justice. Unlike in adult courts, a juvenile cannot be charged with a crime but delinquency. They cannot be found guilty or be sent to prison but to rehabilitation and training schools tailored to reforming them to become responsible and law-abiding adults.

Juvenile Probation

Rather than placement in training facilities, juvenile probation allows the young offender to remain in their communities and lead a normal life while still under the court’s supervision. Probation is commonly exercised on either very young, first-time, and low-risk offenders. It can also be used on offenders released on parole after serving some time in juvenile facilities. Probation and parole programs are aimed at rehabilitating young offenders while still in their communities. During the probation and parole period, the offender may have limited freedom and is expected to observe certain terms and stay on good behavior. Some may be required to go to school, have a job, or participate in charity and volunteer projects in their communities.

Juvenile probation officers are tasked with supervising children placed on probation, monitoring their progress, and ensuring that they maintain good behavior during and after probation. The young offenders incarcerated in juvenile facilities can also be released back to the community after a period of incarceration. The probation and parole officers maintain contact with them monitoring their behaviors to ensure that they do not engage in criminal activities. If the young offenders violate their probation sanctions, the court revokes the probation and places them in a juvenile facility.

Bradner K, Schiraldi V, Mejia N, Lopoo E. More Work to Do: Analysis of Probation and Parole in the United States, 2017-2018.

Kaeble D, Alper M, Bureau of Justice Statistics (BJS), US Dept of Justice, Office of Justice Programs. Probation and Parole in the United States, 2017–2018.

Liefaard T. Juvenile justice. InThe Oxford Handbook of Children’s Rights Law 2020.

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