Juvenile Justice in New Jersey: How the System Differs from Adult Court

Juvenile Justice in New Jersey

When a person under 18 is charged with an offense in New Jersey, the case is typically handled in the Family Part of the Superior Court under the juvenile justice system rather than adult criminal court. The system is designed with rehabilitation — not punishment — as its primary goal.

Key Differences from Adult Court

In juvenile court, the primary goal is rehabilitation, proceedings are generally confidential, records can be expunged, offenses are called delinquent acts rather than crimes, and outcomes are called adjudications rather than convictions. In adult court, the primary goal is punishment and deterrence, proceedings are generally public, records are more difficult to expunge, offenses are called crimes, and outcomes are called convictions.

The Juvenile Court Process

When a juvenile is arrested, the case goes to a Juvenile Intake officer who determines whether to file a complaint, refer to a diversionary program, or release with a warning. Juveniles may be detained at a juvenile detention center if they pose a danger to themselves or others, or are likely to flee. Detention hearings must be held within 24 hours. The adjudication hearing is similar to a trial but before a judge with no jury. The prosecutor must prove the delinquent act beyond a reasonable doubt. If adjudicated delinquent, the judge has broad discretion in sentencing, including probation, community service, counseling, or commitment to a juvenile facility.

Waiver to Adult Court

For serious offenses, the prosecutor can seek to waive the juvenile to adult court. Waiver is mandatory for certain offenses such as murder and rape committed by juveniles 14 or older.

Expungement of Juvenile Records

Juvenile adjudications can generally be expunged after 3 years from the date of adjudication or release from custody, provided the juvenile has not been convicted of a crime as an adult.

This article is for general informational purposes only and does not constitute legal advice.