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The Juvenile Justice System in the State of Texas celebrated its 100 Birthday in 1999. Many people believe that the Juvenile Justice system is equal to the adult system and that juveniles are punished as adults are but that is not always the truth. The Texas Juvenile System is made up of a mixture of the Criminal Law and the Civil Law. It is governed by The Juvenile Justice Code which is called the Title 3 of Texas Family Code. The only similarities that are shared with the Adult system are that it also refers to the Texas Penal Code and the Code of Criminal Procedures for rules. The steps of The Court Procedures are: If a child is arrested, they are detained in a child facility, a child is not bonded out but most go before a judge. Once before the judge, it is decided if a petition will be filed depending upon the severity of the offense. The child can then make his or her pleading if the child wishes to plead not guilty a jury child can be requested. Even if there is a jury trial, only the judge can determine the punishment. The judge is also limited to the punishment that he or she can sentence because of the Juvenile Code’s Progressive Sanction Levels. This is the method which the Juvenile system uses to rank crimes.
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"Comparison of Juvenile Court in Texas and North Carolina." 123HelpMe.com. 24 Feb 2020
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According to North Carolina policymakers an undisciplined juvenile is a child who is at least 6 years old but younger then 16 years old. This child is often unlawfully absent from school and is regularly disobedient to parents or guardians. The juvenile is also often found in places where they should not be lawfully and often runs away from home.” “A delinquent juvenile is any juvenile who, while at least 6 years of age but not yet 16, commits an offense that would be a crime under state law or under an ordinance of local government, including violation of the motor vehicle laws, if committed by an adult”. When the Juvenile is accused of committing a crime while at the age of 16 or 17 years old they can be tried under the adult criminal prosecution, if they are married, in the armed forces or emancipated. Juveniles who are the ages of 13 to 15 years old who are accused of committing a felony are transferred to the Superior Court and tried as adults. If a case is transferred to the adult court, then all the rights of the constitution that apply to an adult are also applied to the juvenile. In this case the juvenile can be sent to prison if convicted. In North Carolina when tried as an adult a juvenile then has the right to bail but in Texas juveniles are always released to their parents, there is no bail process.
When tried as an adult in North Carolina the juveniles record will not be protected, whereas in Texas a juvenile’s record is closed. In North Carolina after the court procedures the final decision is either a dismissal or the juvenile is held in one of the 5 facilities where they serve their punishment. After punishment as in the State of Texas a juvenile is release to their parent but they are assigned to several after treatment programs designed to rehabilitate him or her to keep them from returning to a life of crime.
www.doa.state.nc.us retrieved November 29, 2007
www.tjpc.state.tx.us retrieved November 28, 2007