Juvenile Arrests in Missouri: How They Differ

Understanding Missouri’s Juvenile Justice System

In Missouri, the juvenile justice system functions under a framework distinct from the adult criminal justice system. This separation exists because Missouri law recognizes that children, by virtue of their age and development, should not be treated in the same manner as adults. Instead of focusing on punishment, the juvenile justice system emphasizes rehabilitation, reintegration, and the best interests of the child. This approach is designed to guide young individuals away from a path of repeated delinquency and help them become productive members of society.

The Missouri Juvenile Code governs how juvenile cases are handled, with a primary objective of balancing public safety with the individual needs of the juvenile. The goal is to prevent further criminal behavior while providing opportunities for growth and change. Juvenile courts typically focus on addressing underlying issues such as family instability, educational challenges, mental health concerns, or substance abuse that may have contributed to a juvenile’s alleged misconduct.

Age of Jurisdiction

One of the most significant distinctions between the juvenile and adult systems in Missouri lies in the age of jurisdiction. Under current Missouri law, individuals under the age of 17 are generally considered juveniles for purposes of delinquency proceedings. However, this age threshold was increased in recent years. Prior to 2021, 17-year-olds were automatically prosecuted in adult criminal court. With legislative reforms, 17-year-olds are now included in the juvenile system unless certified otherwise.

There are exceptions to this general rule. In serious cases, such as violent felonies, juveniles as young as 12 may be certified to stand trial as adults. This decision is made through a specific hearing process that weighs multiple factors, including the severity of the alleged offense, the juvenile’s past record, and the juvenile’s mental and emotional maturity. These determinations are not taken lightly, as they have profound implications for the juvenile’s future.

Taking a Juvenile into Custody

The process of taking a juvenile into custody differs significantly from that of arresting an adult. Under Missouri law, this action is not termed an “arrest” but rather a custody procedure designed to protect the juvenile. When law enforcement officers take a minor into custody, they are required to notify the juvenile officer immediately. This is a crucial step because the juvenile officer plays a pivotal role in determining the next course of action.

The juvenile officer evaluates the situation and decides whether to release the child to a parent or guardian, refer the child to diversionary programs, or request the court to authorize secure detention. Unlike adult arrests, the focus is on determining what is in the best interest of the child and the community, rather than pursuing immediate prosecution.

Detention Procedures

Detention in juvenile cases is viewed as a last resort and is used primarily when there is a concern that the juvenile poses a risk to themselves or others, or if there is a risk that the juvenile may flee the jurisdiction. Juveniles cannot be housed in adult jails or detention centers. Instead, they must be placed in facilities specifically designed for juveniles, which are often staffed by personnel trained to handle the unique needs of young people.

Initially, the juvenile officer can authorize detention for up to 24 hours. If further detention is needed, a court hearing must be held, and a judge must determine whether continued detention is necessary. These hearings are generally scheduled quickly to minimize unnecessary time in custody.

Rights of Juveniles in Custody

Juveniles have important constitutional rights that must be respected throughout the legal process. These include the right to remain silent, the right to legal representation, and the right to be informed of the charges against them. These rights were firmly established in the landmark U.S. Supreme Court case In re Gault, which extended the due process protections afforded to adults to juvenile defendants.

Before any interrogation takes place, juveniles must be advised of their rights by a juvenile officer or another trained individual. Importantly, these rights must be conveyed in a manner that is understandable given the juvenile’s age and maturity. Statements made by juveniles can only be used against them if it is clear that the statements were voluntary and made with full knowledge of their rights.

Fingerprinting and Photographing

When a juvenile is taken into custody for an offense that would be classified as a felony if committed by an adult, law enforcement may fingerprint and photograph the juvenile. For less serious offenses, such as misdemeanors, a court order is typically required to take such actions. These procedural safeguards are in place to protect juveniles from unnecessary stigmatization and to ensure that personal identifying information is not misused or inappropriately shared.

Furthermore, these records are generally kept confidential and are not available to the public. In some cases, juveniles or their legal representatives may petition the court to expunge these records once the juvenile has reached adulthood, provided certain conditions are met.

Juvenile Court Proceedings

Juvenile court proceedings in Missouri are markedly different from those in the adult system. Proceedings are typically closed to the public, and the records are sealed to protect the privacy of the minor. This confidentiality is central to the rehabilitative philosophy of the juvenile justice system. By keeping records private, the court helps ensure that past mistakes do not follow juveniles into adulthood and impact their educational or employment opportunities.

When a juvenile is brought before the court, the case is handled as a delinquency matter rather than a criminal prosecution. Instead of a trial by jury, juvenile cases are heard by a judge who considers evidence and renders a decision. If the court finds that the juvenile committed the alleged offense, it issues a disposition, which is similar to sentencing in adult cases but is tailored to address the juvenile’s individual needs.

Certification to Adult Court

In cases involving particularly serious offenses, Missouri law permits the juvenile court to transfer jurisdiction to the adult criminal system through a process called certification. This decision is based on a formal hearing where the court evaluates numerous factors, such as the juvenile’s age, prior record, psychological evaluations, and the nature of the offense.

If the juvenile is certified, they will be tried in the adult criminal court, face adult penalties, and be subject to incarceration in adult facilities. In some cases, the court may impose a blended sentence, where a juvenile begins their sentence in a juvenile facility and may later be transferred to an adult correctional institution if necessary. This approach attempts to strike a balance between rehabilitation and accountability.

Case Law Impacting Juvenile Justice

Several key cases have had a profound impact on juvenile justice, both nationally and within Missouri. In Roper v. Simmons, the U.S. Supreme Court ruled that it is unconstitutional to impose the death penalty on individuals who were under the age of 18 at the time of their offense. This decision, which originated in Missouri, emphasized the reduced culpability of juveniles due to their lack of maturity and greater capacity for change.

Another important decision, Graham v. Florida, held that life without parole for juveniles convicted of non-homicide offenses violates the Eighth Amendment. These rulings underscore a growing recognition of developmental science in legal contexts, affirming that children are fundamentally different from adults and should be treated accordingly by the justice system.

The Role of the Juvenile Officer

The juvenile officer is a linchpin in Missouri’s juvenile justice process. Tasked with screening all juvenile referrals, this officer has wide discretion in how to proceed with each case. They can recommend informal adjustments, diversionary programs, or the filing of a formal petition to bring the case before a judge. The juvenile officer also coordinates services such as counseling, substance abuse treatment, and educational interventions.

Additionally, the juvenile officer ensures that juveniles and their families understand their rights and responsibilities. They often serve as a liaison between the court system and various community resources, working collaboratively to create individualized plans for rehabilitation.

Take the Next Step with Scrivner Law Firm

Juvenile arrests in Missouri are governed by a system that seeks to support and rehabilitate young individuals rather than punish them. While the process may seem complex and overwhelming, especially for families experiencing it for the first time, it is designed with the best interests of the juvenile in mind.

At Scrivner Law Firm, we understand the intricacies of Missouri’s juvenile justice system. Led by former prosecutor and experienced criminal defense attorney Dayrell Scrivner, our firm offers compassionate, informed, and strategic representation for juveniles and their families. Whether advocating for diversionary programs, challenging improper detention, or fighting against certification to adult court, we are committed to protecting the rights and futures of Missouri’s youth.

If your child is facing juvenile charges or has been taken into custody, contact Scrivner Law Firm today to learn how we can help safeguard their rights and guide them toward a better path.