Processing of Delinquency Cases
Informal processing involves the voluntary acceptance of sanctions and interventionsSoon after a case is referred to juvenile court, an intake officer or prosecutor decides whether to handle the case formally or informally. Informal processing is considered when the decisionmakers (police, probation officers, intake workers, prosecutors, other screening officers) believe that accountability and rehabilitation can be achieved without the use of formal court intervention. In these cases, an offender agrees to comply with one or more sanctions such as community service, victim restitution, or voluntary probation supervision. In many jurisdictions, before juveniles are offered informal sanctions, they must admit they committed the alleged act. Informal sanctions are voluntary. The court cannot force a juvenile to comply with an informal disposition. When informally handled, the case may be held open pending the successful completion of the informal disposition. Upon successful completion of the informal disposition, the charges against the offender are dropped. If, however, the offender does not fulfill the court’s conditions, the case is likely to be reopened and formally prosecuted. Informal handling is less common than in the past but is still used in a large number of cases. In 1997, juvenile courts handled 43% of delinquency cases informally, compared with more than half in 1988. The decline in the use of informal processing was seen in all four general offense categories. A substantial proportion of informal cases involved some sort of voluntary sanction
In 1997, juvenile courts dismissed 4 out of 10 informally handled cases. In the informal cases that were not dismissed, youth agreed to intervention services and/or sanctions. In 57% of these cases, the youth agreed to a term of voluntary probation supervision. In 41% of the cases, the youth agreed to other sanctions such as voluntary restitution, community service, or referral to another agency. In a small number of the informal cases that were not dismissed, the youth and the youth’s family agreed to a period of out-of-home placement as a sanction (2%). Petitioners ask the court to order sanctions in petitioned cases
Formal case handling involves the filing of a petition requesting that the court hold an adjudicatory or waiver hearing. Compared with cases that are handled informally, formally processed delinquency cases tend to involve more serious offenses, older juveniles, and juveniles who have longer court histories. The juvenile court’s formally processed delinquency caseload increased 75% from 1988 to 1997, from 569,000 to 996,000 cases annually. In 1997, juveniles were adjudicated in 577,600 formally processed delinquency cases
A youth referred to juvenile court for a delinquency offense may be adjudicated delinquent after admitting to the charges in the case or after the court finds sufficient evidence to conclude, beyond a reasonable doubt, that the youth committed the acts alleged in the petition. Delinquency adjudications grew 69% between 1988 and 1997. In 29% of adjudicated delinquency cases in 1997, the court ordered the youth to residential placement such as a training school, camp, ranch, drug treatment or private placement facility, or group home. Generally, if adjudicated delinquents were not placed out of their homes, they were placed on formal probation. In 55% of adjudicated delinquency cases, probation was the most severe sanction ordered. Overall, 83% of adjudicated delinquency cases resulted in either placement or formal probation. Probation conditions typically incorporate items meant to control and to rehabilitate
Probation is the oldest and most widely used community-based corrections program. Probation may be used at either the “front end” or the “back end” of the juvenile justice system: for first-time, low-risk offenders or as an alternative to institutional confinement for more serious offenders. During probation, a juvenile offender remains in the community and can continue normal activities such as school and work. In exchange for this freedom, the juvenile must comply with a number of conditions. This compliance may be voluntary. In other words, the youth agrees to comply with a period of informal probation in lieu of formal adjudication. Compliance also may be mandatory. Once the case is adjudicated and the juvenile is formally ordered to a term of probation, the juvenile must comply with the probation conditions established by the court. More than half (51%) of juvenile probation dispositions in 1997 were informal (i.e., enacted without a formal adjudication or court order). A juvenile may be required to meet regularly with a probation supervisor, adhere to a strict curfew, and/or complete a specified period of community service. The conditions of probation may also include provisions for the revocation of probation should the juvenile violate the conditions. If probation is revoked, the court may reconsider its disposition and impose stricter sanctions. Probation caseloads increased between 1988 and 1997
The total number of delinquency cases receiving probation (either formal or informal) as the most severe initial disposition climbed 48% between 1988 and 1997, from 435,300 to 645,600. The number of adjudicated delinquency cases placed on formal probation increased 67% during this period, from 190,900 to 318,700. The growth in probation caseloads was related to the general growth in juvenile court delinquency caseloads at referral (48%) and at adjudication (69%).
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