{
  "id": "R45391",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R45391",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 587189,
      "date": "2018-11-01",
      "retrieved": "2018-11-02T13:12:39.004567",
      "title": "Juvenile Delinquents and Federal Criminal Law: The Federal Juvenile Delinquency Act and Related Matters in Short",
      "summary": "Federal authorities have three options when a juvenile violates federal criminal law. First, they can refer the juvenile to state authorities.  Second, they can initiate federal delinquency proceedings.  Third, they can petition the federal court to transfer the juvenile for trial as an adult.  The Federal Juvenile Delinquency Act general favors referring juveniles to state authorities, but it permits federal delinquency proceedings where state courts cannot or will not accept jurisdiction. Because a majority of the federal juvenile delinquency cases have historically arisen in areas beyond state jurisdiction, i.e., primarily Indian country, the majority of federal delinquency proceedings involve Native Americans. In the more serious of these cases, the juvenile offender may be transferred for trial as an adult in federal court. The Act applies to those charged before the age of 21 with a breach of federal criminal law occurring before they reached the age of 18. Given the preference for state juvenile proceedings and the fact that a violation of federal law will ordinarily support the assertion of state juvenile court jurisdiction, most such offenders never come in contact with federal authorities. Many of those who do are returned to state officials to be processed through the state court system.\nThe United States Attorney, however, may elect to initiate federal proceedings if the state courts are unwilling or unable to assume jurisdiction, or the state has no adequate treatment plans, or the juvenile is charged with a crime of violence or with drug trafficking. Federal juvenile delinquency proceedings require neither grand jury indictment, public trial, nor trial by jury. The constitutional rights available to juveniles at delinquency proceedings are otherwise much like those found in adult criminal trials. Juveniles found delinquent may be released under suspended sentence, placed on probation, ordered to pay restitution and/or sentenced to the custody of the U.S. Attorney General for detention. The period of detention, if any, may not exceed the term which might be imposed upon an adult offender for the same misconduct. The period of detention may be followed by a period of juvenile delinquent supervision, revocation of which in serious cases may result in detention until the individual is 26 years of age.\nThe U.S. district court may, and in some cases must, transfer a juvenile for criminal trial as an adult.  A juvenile may request a transfer to trial as an adult. Otherwise, a court must order a transfer when a juvenile, with a prior comparable conviction or juvenile adjudication, is charged with committing a violent offense or a drug trafficking offense at the age of 16 or older. Discretionary transfers come in two varieties. A court may transfer a juvenile, who when 13 years of age or older is alleged to have committed aggravated assault, murder, attempted murder, armed robbery, or armed rape. A court may also transfer a juvenile who when 15 years of age or older is alleged to have committed drug trafficking or a violent felony.  The court orders or denies the transfer petition after considering the seriousness of the offense, the age and maturity of the juvenile, the juvenile\u2019s prior delinquency record, the results of past rehabilitative efforts, and the availability of existing rehabilitative programs.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": true,
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      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Constitutional Questions"
  ]
}