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A 16-year-old in La Crosse and her 17-year-old brother are stopped by police after a store reports a shoplifting. In most states, both would be handled as juveniles. Wisconsin is different. For criminal cases, Wisconsin law says a person who has turned 17 is no longer a 'juvenile' (a young person handled by juvenile court). The brother's case would go to adult court. His sister's would start in juvenile court.
The age line: under 17 for crimes
The Wisconsin Juvenile Justice Code defines a juvenile as a person under 18. But for investigating or prosecuting a crime, a municipal ordinance violation, or other civil law violation, the definition stops at 17. So in Wisconsin, a 17-year-old charged with a crime is treated as an adult from the start.
A younger teen's case can also move to adult court through 'waiver' (a juvenile judge giving up the case). The district attorney, the teen, or the judge can ask for it. Waiver is possible at 14 for a short list of serious felonies or gang-related felonies, and at 15 for any state crime. The request must include a short statement of the facts that support it, and it is filed with or after the delinquency petition (the paper that starts a juvenile case).
Being questioned or taken into custody
Wisconsin law requires police to make an audio or video recording of any custodial interrogation (questioning while you are not free to leave) of a juvenile at a place of detention, such as a police station. Elsewhere, they must record it if they can. There are some exceptions, and officers do not have to tell you the recorder is on.
If police take a juvenile into custody, the officer must immediately try to reach a parent or guardian and keep trying until someone is notified or the teen is handed to an intake worker, who then keeps trying.
You can stay quiet and ask for a lawyer. In re Gault (1967) is the U.S. Supreme Court case that gave young people in juvenile court the right to a lawyer and the right not to be forced to testify against themselves.
Clearing a juvenile record, and getting a lawyer
A teen found delinquent (the juvenile court word for guilty) can ask the court to expunge (erase) that record once they turn 17. The judge can grant it if you followed the conditions of your court order and the judge finds that you will benefit and the public will not be harmed. The law says the judge may do this, so it is not automatic, and your side of the story matters. Ask your lawyer about it when your case ends, and mark the date you turn 17.
For a lawyer, contact the Wisconsin State Public Defender at wispd.gov. The site has a 'Find your public defender' tool and pages on who is eligible and how to apply.
Curfews are a separate matter. Youth curfew hours usually come from a city or county ordinance, not the Juvenile Justice Code, so read the rules on your city or county website.
Tandaan ito
- In Wisconsin, a 17-year-old accused of a crime goes to adult court; juvenile court handles younger teens.
- A case can be waived to adult court at 14 for certain serious felonies, and at 15 for any state crime.
- Police must record custodial questioning of a juvenile at a detention site and try right away to reach a parent.
- At 17 you can petition to expunge a juvenile record; the State Public Defender is at wispd.gov.
Mga pinagmulan
- Wisconsin State Legislature: Wis. Stat. 938.02, Juvenile Justice Code definitions (bubukas sa bagong tab)
- Wisconsin State Legislature: Wis. Stat. 938.18, Waiver of juvenile court jurisdiction (bubukas sa bagong tab)
- Wisconsin State Legislature: Wis. Stat. 938.355(4m), Expungement of record (bubukas sa bagong tab)
- Cornell LII: In re Gault, 387 U.S. 1 (1967) (bubukas sa bagong tab)
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