Discuss how age controls being heard in the juvenile court, especially in regard to mens rea.

Question

What will be an ideal response?

Answer 1

Answers will vary. The types of cases that go to juvenile courts are defined by state law. Jurisdiction, or the authority to try cases in juvenile courts, varies from state to state. Such jurisdiction is usually based on the age of the offender and the act committed. Criminal liability is based on the concept of mens rea, which is the Latin term for "a guilty mind." Without intent, an act is generally not considered criminal. A guilty mind implies that the actor knows what he or she is doing; therefore, the act is punishable because the actor intended for the injury to occur. Children below a certain age, however, are presumed by law to be unaware of the full consequences of what they do. Absent mens rea, they should not and cannot be punished like adults. No state in the United States at present punishes juveniles so severely at such a young age, but the minimum age for juveniles to come under the jurisdiction of juvenile courts varies from state to state.In contemporary juvenile cases, there is a youngest age and an oldest age, as determined by state law. Wide variations exist among states-from a youngest age of six years (when a juvenile court can assume jurisdiction) to an oldest age of 24 (when a juvenile is released). Most states, however, have a youngest age of 10 years and an oldest age of 17 years for juvenile court jurisdiction. Juveniles younger than the youngest age who commit criminal acts are usually processed informally by the police or placed in the care of state social welfare services. Offenders above the oldest age are processed as adult criminals. The youngest and oldest ages apply to the time the act was committed, not when the offender was caught or tried in court. Despite these ages, some states provide that the juvenile can be kept in a juvenile institution or supervised until he or she reaches an older age (such as 18, 21, or 24), particularly in juvenile delinquency cases when state authorities see the need for continued supervision. Age also controls what juveniles are charged with as far as prohibited acts are concerned in that they can be held for many acts that would not be against the law if committed by an adult.