JM 9-8.002 – Unique Status of Juveniles Prosecuted in Federal Court

Juveniles prosecuted under the JDA receive procedural and substantive protections that defendants in the adult criminal justice system do not receive. Among other things, under the JDA:

• Charges against juveniles are pursued in “delinquency proceedings,” not criminal prosecutions. Thus, a juvenile is never referred to as a defendant, but rather a “juvenile” or “juvenile delinquent.”

• Prosecutors initiate charges against a juvenile by filing an information (among other documents) under seal. No grand jury indictment is required. See JM § 9-8.003.

• Upon federal arrest, both the juvenile and their parents must be advised of the juvenile’s rights and the nature of the charges, and the juvenile must be brought “before a magistrate forthwith.” 18 U.S.C. § 5033; seeJM § 9-8.006.

• Robust privacy protections include closed courtrooms, sealed records, and non-jury trials.See JM § 9-8.008.

• If a juvenile is detained, they must be brought to trial within 30 days of the start of their detention, unless a continuance is granted for certain limited reasons. SeeJM § 9-8.009.

• A juvenile may only be detained in a juvenile facility or such other suitable place as the Attorney General may designate, and whenever possible, detention shall be in a foster home or community-based facility located in or near their home community. They may not be detained or confined in any institution in which they may have regular contact with adult persons convicted of a crime or awaiting trial on criminal charges, and must be kept separate insofar as possible. See 18 U.S.C. § 5035; JM §§ 9-8.010 to 9-8.012.

• Regardless of the seriousness of the offense for which they were determined delinquent, a juvenile who is under the age of 18 on the date of the disposition hearing cannot be detained on that delinquency adjudication beyond their 21st birthday. An individual who is prosecuted as a juvenile but who is between the ages of 18-21 on the date of disposition cannot be detained on that delinquency adjudication for more than five years. See 18 U.S.C. § 5037.

[updated June 2024]

Juveniles prosecuted under the JDA receive procedural and substantive protections that defendants in the adult criminal justice system do not receive. Among other things, under the JDA:

• Charges against juveniles are pursued in “delinquency proceedings,” not criminal prosecutions. Thus, a juvenile is never referred to as a defendant, but rather a “juvenile” or “juvenile delinquent.”

• Prosecutors initiate charges against a juvenile by filing an information (among other documents) under seal. No grand jury indictment is required. See JM § 9-8.003.

• Upon federal arrest, both the juvenile and their parents must be advised of the juvenile’s rights and the nature of the charges, and the juvenile must be brought “before a magistrate forthwith.” 18 U.S.C. § 5033; seeJM § 9-8.006.

• Robust privacy protections include closed courtrooms, sealed records, and non-jury trials.See JM § 9-8.008.

• If a juvenile is detained, they must be brought to trial within 30 days of the start of their detention, unless a continuance is granted for certain limited reasons. SeeJM § 9-8.009.

• A juvenile may only be detained in a juvenile facility or such other suitable place as the Attorney General may designate, and whenever possible, detention shall be in a foster home or community-based facility located in or near their home community. They may not be detained or confined in any institution in which they may have regular contact with adult persons convicted of a crime or awaiting trial on criminal charges, and must be kept separate insofar as possible. See 18 U.S.C. § 5035; JM §§ 9-8.010 to 9-8.012.

• Regardless of the seriousness of the offense for which they were determined delinquent, a juvenile who is under the age of 18 on the date of the disposition hearing cannot be detained on that delinquency adjudication beyond their 21st birthday. An individual who is prosecuted as a juvenile but who is between the ages of 18-21 on the date of disposition cannot be detained on that delinquency adjudication for more than five years. See 18 U.S.C. § 5037.

[updated June 2024]

§ 9-8.002

Unique Status of Juveniles Prosecuted in Federal Court

§ 9-8.002

Unique Status of Juveniles Prosecuted in Federal Court