W H Y D O E S T H E C O U R T M A T T E R ?

Family Court and Criminal Court have different procedures, protections, and goals. Generally, Family Court is more lenient and Criminal Court is more punitive, but each causes particular harms.

Family Court Youth Part of Criminal Court

Civil court, conducting quasicriminal proceedings Criminal court

Therapeutic model: Judge and probation are thought to know what's best for the child and have greater discretion in ruling.

Adjudication of case recognizes that respondent is a child.

Child has only some constitutional protections.

To order a disposition, judge must find child 'guilty' and in need of treatment, supervision or rehabilitation.

Proceedings are closed to protect the privacy of the child.

Cases and supervision might last much longer; many months or a few years.

Traditional court model; judge has usual discretion over trial or other court proceedings and in sentencing.

Child is prosecuted as an adult.

Child has protections afforded by the Constitution and by the rules of criminal procedure.

To sentence, judge must find that the child is guilty.

Proceedings are open to the public.

Duration of cases and supervision is shorter thought placement can be for longer.