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A 15-year-old in Brockton is walking home from a friend's house when a police officer stops him and asks where he has been. Most stops end right there. When one does not, Massachusetts law decides which court hears the case, what kind of case it is, and what happens to the record later. The key numbers are 12, 14, and 18.
Who goes to juvenile court
In Massachusetts, a 'delinquent child' (a young person charged in juvenile court instead of adult court) is someone between 12 and 18 who breaks a state law. The state does not bring a delinquency case against a child under 12. And no adult criminal case can start against a person for an offense committed before their 18th birthday, with a few exceptions in the law.
Some offenses do not count as delinquency at all. The definition leaves out civil infractions, violations of a city ordinance or town by-law, and a first-offense misdemeanor that carries 6 months or less. That matters for curfews: youth curfews are generally set by cities and towns, so breaking one is not a juvenile court offense under this definition. Check your own town's by-laws for the hours and exceptions.
When a case can be treated as adult
Two rules move a case toward adult consequences. First, the juvenile court has no jurisdiction (power to hear the case) over a person who was 14 to 17 at the time and is charged with first- or second-degree murder. Those cases go to adult court.
Second, a 'youthful offender' can receive an adult sentence, a juvenile sentence, or both. That label applies to someone 14 to 17 charged with an offense that could mean state prison for an adult, and who also has a past commitment to the Department of Youth Services, or is charged with causing or threatening serious bodily harm, or with certain gun crimes.
Your right to a lawyer, and sealing a record later
In In re Gault (1967), the U.S. Supreme Court held that a young person in a delinquency case, and their parents, must be told of the right to a lawyer, and that the court will appoint one if the family cannot pay. In Massachusetts, appointed lawyers are organized by the Committee for Public Counsel Services (CPCS, the state public defender agency).
A delinquency record does not have to follow you forever. You can ask the Commissioner of Probation to seal it, using the commissioner's form. The case must have ended at least three years earlier, including any probation or commitment, and you must have had no new delinquency or criminal finding in those three years. Once sealed, most people who ask are told there is 'no record.'
During a stop, and after
Stay calm and keep your hands visible. You can say, 'I want to talk to my parent and a lawyer before I answer questions.' Then stop talking. Do not argue or run, even if the stop feels unfair.
If you are charged, ask the juvenile court clerk for an appointed lawyer from CPCS at your first court date. Three years after your case ends, ask the Commissioner of Probation for the sealing form.
기억하세요
- Massachusetts juvenile court covers offenses committed from age 12 until the 18th birthday.
- Murder charges against 14- to 17-year-olds go to adult court, and 'youthful offenders' can get adult sentences.
- Under In re Gault (1967) you have a right to a lawyer; in Massachusetts, CPCS provides one if your family cannot pay.
- Three clean years after a case ends, you can ask the Commissioner of Probation to seal a delinquency record.
출처
- Massachusetts Legislature: General Laws, Chapter 119, Section 52 (definitions, delinquent child and youthful offender) (새 탭에서 열림)
- Massachusetts Legislature: General Laws, Chapter 119, Section 74 (juvenile court jurisdiction) (새 탭에서 열림)
- Massachusetts Legislature: General Laws, Chapter 276, Section 100B (sealing delinquency records) (새 탭에서 열림)
- Cornell Legal Information Institute: In re Gault (1967) (새 탭에서 열림)
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