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Exploring Juvenile Delinquency in the Context on NJ Law

Children are easily influenced by others, for good and evil. When minors indulge in criminal behavior, they may not fully understand the consequences, potential detention, community service, restitution, or other penalties that may disrupt their education and growth as individuals and community members. While the juvenile justice system seeks to counsel and rehabilitate youth, parents of minor children accused of crimes may be fearful for their children’s well-being and future.

The juvenile justice system in New Jersey is complicated for an untrained, non-legal professional. As such, it is imperative to enlist help from an experienced juvenile defense attorney to protect your minor child from an unreasonably stringent punishment and promote your child’s strengths, potential, lack of culpability, and willingness to change if necessary. Our dedicated team of criminal defense lawyers helps minors charged with offenses on a regular basis and we are committed to fighting for your child’s rights and doing our best to support them toward their long-term goals. Contact us today for a free consultation.

The Meaning of Juvenile Delinquency

Juvenile delinquency refers to the illegal acts of minors that would be considered crimes or offenses if committed by adults. A juvenile is adjudicated delinquent when they are under the age of 18 and commit an act that violates the law in New Jersey, whether it be a crime or an offense that would lead a person 18 or older through the adult criminal justice system. Just as an adult can be convicted of a crime, offense, or violation, a minor can be adjudicated delinquent for legal violations in the juvenile court system, which is a subdivision of the New Jersey Family Court.

Factors that Contribute to Delinquent Acts by Juveniles

Children engage in illegal activity for many reasons. Some factors or causes of delinquency include social, economic, and psychological factors. However, only some factors, or none of these factors at all, may contribute to juvenile delinquency since children get into trouble by making mistakes.

Familial Difficulties

The primary social influences on minors are family and peers. Family life significantly contributes to a minor’s social behavior since they spend so much time with their family, observing members interact with one another and their community. Difficulty at home can sometimes lead a child to act out to get attention or to upset their parents or guardians.

Social Influences

Also, when a child seeks out their peers or others to satisfy the need to be loved, liked, guided, and respected, their peer group may lead a child to reject acceptable social norms, values, and rules, resulting in criminal behavior. Friends at school or elsewhere influence social behaviors. A supportive peer group may provide stability and friendship, while a bad friend group can influence a juvenile to engage in legal wrongdoing to fit in or maintain relationships.

Limited Resources and Opportunities

Moreover, poverty can cause juveniles to participate in activities that provide a way to obtain money, especially when they believe they cannot achieve success through the resources and channels open to others with more resources. When resources like education or legitimate job opportunities are unavailable, juveniles resort to crime or abuse substances in place of developing critical thinking skills and the discipline it takes to complete an education. Without the resources and educational skills, a juvenile may not make sound decisions about making money.

Emotional and Mental Forces

Another factor contributing to bad behavior is emotional or mental challenges. Low self-esteem, loneliness, bullying, substance abuse, self-harm, or mental health disorders can cause a minor to act, overcompensate for feeling inadequate, and make rash decisions in the heat of the moment. Emotional immaturity or dysfunction can make a minor feel frustrated, rejected, and disrespected, resulting in negativity and possibly unlawful behavior. Also, conditions like attention deficit disorder or other mental health problems can cause aggressive, irrational, or violent conduct.  

4 Primary Categories of Juvenile Delinquency

Juvenile Delinquency Acts Alone

A lone actor falls under the individual delinquency category, which is typically the result of psychological disorders affecting a child’s social and ethical behavior. A minor’s inability to discern right from wrong may result in criminal behaviors. Thus, children from neglectful or abusive homes lacking guidance, support, and love suffer impaired intellectual and mental growth and are more likely to commit crime, especially if their family is involved in crime. Further, poverty, substance abuse, genetics, and insufficient education are typical backgrounds of individual juvenile delinquents.

Juvenile Delinquency Acts Supported by Groups

Another type of juvenile delinquency is group-supported, the most common type. Here, the juvenile commits illegal acts in groups consisting of friends, neighborhood peers, and other non-familial social groups. Like gangs, group-supported delinquency may inspire criminal conduct to be accepted in a group and its culture. Part of that culture is cultivating animosity toward other groups, including committing crimes, to distinguish a group and rebel against societal norms. The minor may substitute the gang or group for their family. 

Criminal Organizations Adopting Juveniles

A third type is organized delinquency, meaning groups organized for crime. A juvenile delinquent involved in a criminal organization adopts the group’s norms, hierarchical structure, and values. In such subcultures, a minor can find success where they cannot among their own economic class and family restrictions. In sum, a youth who cannot reach their goals through legitimate channels chooses illegitimate ones. For example, a drug trafficking organization may provide youth with more opportunities to rise in the ranks or make money they could not make at a low-level job.

Situational Juvenile Delinquency

Finally, situational delinquency arises in response to restrictions imposed by family and society and is caused by a weak ability to exercise self-restraint. More superficial than the complex psychological conditions that drive the other delinquency types, situational delinquency is due to a propensity to deviant behavior that bucks accepted social norms and values. It is typically done in the heat of the moment, as opposed to well-planned and thought out by the minor.

Frequent Delinquent Acts Committed by Minors in New Jersey

Common juvenile charges range from minor to severe. Minor charges include underage alcohol possession, fighting, challenging authority figures, and disorderly conduct. Other common crimes are shoplifting, other types of theft, and vandalism (criminal mischief). Theft is common in schools, where inattentive students may not be vigilant about where they leave their phones, backpacks, and laptops. Vandalism includes graffiti, destroying school property, and damaging vehicles and other property. Other examples include robbery, burglary, and drug charges.

More severe behavior involves violent acts of juvenile delinquency, such as aggravated assault and terroristic threats. It may include sexual assault or indecent exposure. The most severe offenses also include weapon possession and vehicular manslaughter.

Rights and Requirements for Attorney Representation in NJ Juvenile Delinquency Proceedings

Like adults, New Jersey juveniles have the right to remain silent, to an attorney, and to a fair trial. However, juveniles have the right to a judge, not a jury, to hear their case. Consulting with a juvenile defense attorney can allay a parent’s fears when their child is accused of breaking the law. In fact, New Jersey requires minors to be represented by an attorney in formal court hearings and dependency proceedings, which involve a child’s removal from their home. A formal court hearing has a judge presiding and deciding about a juvenile case. A court will appoint an attorney if one is not affordable and the family qualifies for a public defender or court-appointed attorney.

Potential Options and Outcomes for Juvenile Delinquency Proceedings in New Jersey

Though many juvenile cases are handled informally and heard by the Juvenile Conference Committee, which may dismiss them, others make their way into family court. A juvenile complaint in family court often results in a plea deal, an order to complete probation, restitution, counseling, or community service. Deferred disposition is another beneficial option for many minors charged with offenses in the state. More serious crimes may result in a delinquency determination at an adjudication hearing and detention in a juvenile facility.

Speak with a Compassionate Pemberton NJ Juvenile Defense Attorney who Cares about Your Child’s Future

Each juvenile delinquency case is unique to the minor in question, so it is important to have a lawyer for your child who understands the juvenile justice system and takes the time to understand your unique child, the facts and evidence in their case, and devises the best approach to their defense. At Proetta, Oliver, & Fay, our juvenile defense attorneys’ strength is knowing which strategy is best in getting the most favorable outcome for your minor who is facing charges. Assessing the degree of severity of the offense, the minor’s history with the judicial system, and all of the evidence, we create a defense plan that aims to prove to a judge that a minor needs direction, made an error in judgment, or simply did not commit the acts for which they have been charged.

Our juvenile lawyers know there is no one-size-fits-all approach to defending minors in court. We also care about what must be done to avoid your son or daughter’s future being derailed in a time of crisis. Call us today at 609-850-8284 to speak with an attorney and get the help you need.