Navigating JJ in MA

Here is a brief list of resources that can help you understand the complexities of the Massachusetts juvenile justice system:

Kids and the Law: A User’s Guide to the Court System by Rebecca Pries and Carol Rosenzweig. ( Third edition published 2002. Also available in Spanish and Khmer.)

Just for Youth: Advocating for Youth in the Massachusetts Department of Youth Services by the Mental Health Legal Advisors Committee. (Second edition published January 2009.)

Know the Law , an informational pamphlet by the Youth Advocacy Project. Know the Law is specifically designed for young people encountering the juvenile justice system.

Frequently Asked Questions About the Massachusetts Juvenile Justice System

What is the juvenile justice system?

The juvenile justice system is the legal system that handles children and youth who are accused of committing a criminal offense. The system includes police and other law enforcement agencies, the court system, probation, the Department of Youth Services, and organizations that provide services and programs to youth committed to the Department of Youth Services.

Who is considered a juvenile?

The age for juvenile status varies from state to state. In Massachusetts, youth 7-16 are considered juveniles; 17 year-olds charged with a crime are considered adults.

What is juvenile delinquency?

Juvenile delinquency is behavior committed by a youth that would be considered criminal if it were committed by an adult.

Are juveniles ever tried in adult court?

Yes. 14 –16 year-olds who are charged with murder are tried in adult court. (Because Massachusetts does not consider 17 year-olds to be juveniles, they are tried in adult court for all crimes.)

How is being tried as a juvenile different from being tried in adult court?

Perhaps the biggest difference between juvenile and adult courts is the underlying philosophy. Rehabilitation is a stated goal of the juvenile court, whereas the adult system focuses on deterrence and retribution. Juvenile courts have judges that are used to working with children and youth. Cases are typically decided by a judge instead of a jury and most cases are handled in a closed session without public spectators.

What are the jurisdictional responsibilities of the juvenile courts?

Juvenile courts in Massachusetts have the authority to work in three main areas: 1) juvenile delinquency, 2) child abuse and neglect, and 3) Child in Need of Services (CHINS) matters.

What is a Child in Need of Services (CHINS)?

A CHINS (also known as a status offender) is a child under the age of 17 who persistently runs away from home or persistently refuses to obey reasonable rules at home, or a child between the ages of 6 and 16 who repeatedly and willfully fails to attend school or repeatedly violates school rules. Depending on the case, a parent, police officer, or school supervisor of attendance can file a CHINS petition saying that the child is in need of services.

What are status offenses?

A status offense is a type of misbehavior that is only illegal when conducted by children. Children in Massachusetts who are adjudicated for status offenses are often classified as CHINS. Status offenses include actions such as engaging in truancy and running away.

What is detention?

Detention means different things in different states. In Massachusetts, detention specifically refers to the secure confinement of a juvenile prior to adjudication (trial).

Do youth face danger while being held in confinement facilities?

Yes. Youth held in both juvenile and adult facilities can face risks. Juvenile facilities are often understaffed with overworked employees. Many juveniles are exposed to youth who have committed more serious crimes, fostering the potential for more serious criminal behavior in the future. In adult facilities, youth are at an even greater risk. Research conducted by Jeffrey Fagan of Columbia Law School shows that juveniles in adult confinement are five times more likely to be sexually assaulted, eight times more likely to commit suicide, and twice as likely to be assaulted by staff.

What alternatives to incarceration exist?

A number of alternatives to incarceration exist, including many community-based programs that provide structured rehabilitation for juvenile offenders. These programs usually cost far less than incarceration, and they have proven to be more successful at reducing recidivism rates.

Do juveniles have a right to an attorney?

Yes. A juvenile has the same rights to an attorney as an adult.

What are the constitutional rights of juvenile defendants?

In 1967 the Supreme Court ruled in In re Gault that juvenile defendants have many of the same constitutional rights as adults. Their rights include the right to be notified of the charges against them, the right to counsel, the right against self-incrimination, and the right to confront witnesses.

What is a Department of Youth Services commitment?

When juveniles are adjudicated delinquent (the juvenile equivalent to being found guilty), they can be sentenced by a judge to the custody of the Department of Youth Services (DYS). DYS assesses each juvenile to determine appropriate placement for them during their commitment. Placement can range from secure confinement to community settings.

The media often covers stories about violent juvenile crime, such as school shootings. Does this mean that youth crime is on the rise?

Contrary to what the media may imply, violent crime for both juveniles and adults tends to rise and fall in cycles. While the late 1980s and early 1990s brought high numbers of arrests for violent crimes, the number of juvenile arrests for violent crimes then fell by 49% from 1994 to 2004.

What is Disproportionate Minority Contact?

Disproportionate Minority Contact (known as DMC) is the term used by the federal Juvenile Justice and Delinquency Prevention Act of 2002 to describe racial and ethnic disparities in the juvenile justice system. DMC occurs when the proportions of youth of color coming into contact with the system (e.g., police stop, arrest, arraignment, commitment) exceed the proportions of youth of color in the general population. Although youth of color make up only about one-third of the national youth population, they constitute two-thirds of the more than 100,000 juveniles in detention and correctional facilities.

Are there any federal resources for juvenile justice?

The Juvenile Justice and Delinquency Prevention Act, first enacted in 1974, provides a major source of federal funding as well as guidelines aimed at improving state juvenile justice systems.

About CfJJ

How long has CfJJ been around?

CfJJ was founded in 1994 by a group of juvenile justice professionals who were alarmed by proposals to abolish the juvenile justice system and saw the need for an independent organization to be the voice for sensible policies that help both children and communities. Since then, CfJJ has worked tirelessly to ensure the continued improvement of juvenile justice in Massachusetts.

What is the mission of CfJJ?

The primary mission of CfJJ is to advocate for a fair and effective juvenile justice system in Massachusetts, designed to promote the healthy development of children and youth so they can grow up to live as responsible and productive adults in our communities.

How does CfJJ accomplish this goal?

Our work includes advocacy, research, convening and public education. It is widely respected because we are focused on evidence, independent of government funding, and effective collaborators with a wide range of allies.

Can CfJJ help me with my case?

CfJJ is not a direct legal service provider. While CfJJ advocates for juvenile justice reform and provides the public with general information on the juvenile justice system, CfJJ cannot provide specific legal advice or get involved in individual cases.