When it comes to the justice system, age is more than just a number—it’s a major factor in how a person is treated under the law. Courts recognize that children and adolescents are still developing—mentally, emotionally, and socially—which means their cases require a different approach than those of adults.
As a criminal defense attorney in Queens, NY, I’ve represented young clients who found themselves caught up in the legal system. Their cases highlight a reality that many people don’t fully understand: minors are not just seen through a legal lens, but also through a lens of rehabilitation and second chances.
Let’s break down how the justice system treats young people differently, why these distinctions exist, and what it means for those facing charges at a young age.
The Juvenile Justice System: A Different World
The U.S. has two separate legal systems: one for adults and one for juveniles. This distinction exists for a reason—children are not the same as adults.
The juvenile system focuses on rehabilitation rather than punishment. Instead of being solely about consequences, it’s designed to help minors learn from their mistakes and reintegrate into society.
In New York, most minors under 18 are tried in Family Court instead of Criminal Court, unless the charge is severe enough to warrant an exception. Family Court operates differently—it’s less adversarial and focuses more on solutions that benefit both the young person and the community.
How Young People Are Treated Differently in Court
1. Rehabilitation Over Punishment
Unlike adult courts, which focus on deterrence and retribution, juvenile courts prioritize rehabilitation.
Instead of just issuing fines or jail time, minors may be placed in:
✔ Counseling programs
✔ Community service initiatives
✔ Educational support services
For example, a teen caught vandalizing property may be required to participate in a restorative justice program, where they meet with victims and understand the impact of their actions. This approach teaches accountability while offering a path forward.
2. Confidentiality Protections
Juvenile proceedings are typically closed to the public, and records are often sealed.
Why does this matter?
A criminal record follows you for life. It can impact:
🚫 College admissions
🚫 Job opportunities
🚫 Housing applications
Sealing juvenile records protects minors from lifelong consequences, ensuring that one mistake doesn’t define their future.
3. Sentences That Fit the Minor, Not Just the Crime
In adult cases, sentences are largely fixed based on state and federal guidelines.
In juvenile cases, judges have much more flexibility to craft sentences that:
✔ Address the root causes of behavior
✔ Fit the minor’s specific needs
✔ Provide alternatives to incarceration
For example, a 17-year-old with a first-time theft offense may be placed in a diversion program instead of juvenile detention.
4. Parental Involvement Is Required
Unlike adult cases, where a defendant stands alone, juvenile cases require the presence of a parent or guardian.
The court system understands that family plays a major role in a minor’s behavior and rehabilitation. Because of this, the legal process:
✔ Encourages family involvement in the case
✔ Requires parental presence at hearings
✔ Often includes family-based rehabilitation programs
A collaborative approach gives minors a better chance at learning from the experience and avoiding repeat offenses.
5. Incarceration Is a Last Resort
Even when minors are confined, they typically aren’t sent to adult prisons.
Juvenile detention centers are:
✔ Focused on education and rehabilitation
✔ Separated from adult offenders
✔ Designed to prepare minors for reintegration into society
While incarceration can happen, the juvenile system prioritizes alternative solutions whenever possible.
Why Are Minors Treated Differently?
The legal system doesn’t excuse a minor’s actions, but it acknowledges scientific and social realities that set them apart from adults.
1. The Brain Is Still Developing
Neuroscience confirms that the human brain isn’t fully developed until the mid-20s.
The prefrontal cortex, which controls:
✔ Decision-making
✔ Impulse control
✔ Risk assessment
…is one of the last parts of the brain to mature.
Translation? Minors are more likely to make impulsive choices, underestimate risks, and struggle with long-term consequences.
2. Young People Are More Likely to Reform
Minors have a higher potential for rehabilitation than adults.
With the right interventions, many young offenders:
✔ Learn from their mistakes
✔ Change their behavior
✔ Avoid future legal trouble
The juvenile justice system is built on the belief that minors are capable of reform and should be given the tools to succeed.
3. Society Has a Responsibility to Guide, Not Just Punish
The justice system reflects societal values.
By prioritizing education, rehabilitation, and second chances, we create:
✔ Safer communities
✔ More productive citizens
✔ A justice system that focuses on solutions, not just consequences
The goal isn’t just punishing minors—it’s helping them grow into responsible adults.
When Minors Are Tried as Adults
Not every juvenile case stays in Family Court.
Minors can be tried as adults in serious cases like:
🚨 Murder
🚨 Armed robbery
🚨 Violent felonies
In New York, the Raise the Age law protects most 16- and 17-year-olds from being automatically tried as adults, but exceptions still exist.
When a minor is tried as an adult, they face:
✔ Adult sentencing guidelines
✔ Potential incarceration in adult facilities
✔ Permanent criminal records
As a criminal defense attorney, I’ve seen firsthand how devastating this can be for young people and their families.
Final Thoughts: A System That Prioritizes Growth Over Punishment
The way young people are treated in court reflects our values as a society.
By prioritizing rehabilitation, protecting their rights, and recognizing their potential for change, we create a justice system that helps minors move forward—not just suffer consequences.
As a criminal defense attorney in Queens, I fight to ensure that juvenile clients receive fair treatment, legal protection, and the second chances they deserve.
If your child is facing legal trouble, you don’t have to handle it alone. With the right defense and support, there is always a path forward.
📞 Contact The Law Offices of Jeffrey D. Cohen today at cohenslawfirm.com for a free 20-minute phone consultation.
