Introductory Criminal Justice: Status Offenses (Behavior Illegal Only for Minors – Truancy, Running Away, Curfew Violation, Underage Drinking, Incorrigibility)

Status Offenses (Behavior Illegal Only for Minors – Truancy, Running Away, Curfew Violation, Underage Drinking, Incorrigibility)

What This Is

Status offenses are behaviors that are illegal only for minors, such as truancy, running away, curfew violation, underage drinking, and incorrigibility. These offenses are unique to the juvenile justice system and are not considered crimes for adults. The purpose of addressing status offenses is to provide support and guidance to minors who are struggling with these issues, rather than to punish them as adults.

Key Definitions / Models / Steps

• Status Offense: A behavior that is illegal only for minors, such as truancy or underage drinking.
  • Example: A 16-year-old is caught drinking beer at a party. This is a status offense because it is not a crime for adults.
• Truancy: The act of missing school without a valid excuse.
  • Example: A 14-year-old is caught skipping school for the third time in a month. This is a status offense.
• Running Away: The act of leaving home without permission.
  • Example: A 17-year-old runs away from home after a fight with their parents. This is a status offense.
• Curfew Violation: The act of being out past a designated bedtime.
  • Example: A 15-year-old is caught out past 10 PM on a school night. This is a status offense.
• Underage Drinking: The act of consuming alcohol before the age of 21.
  • Example: A 19-year-old is caught drinking beer at a bar. This is a status offense.
• Incorrigibility: The act of being disobedient or unruly.
  • Example: A 16-year-old is caught being defiant and refusing to follow rules at home. This is a status offense.
• Juvenile Justice System: The system of laws and procedures that deal with minors who have committed crimes or status offenses.
  • Example: The juvenile justice system in California is governed by the California Welfare and Institutions Code.
• Welfare and Institutions Code: A California state law that governs the juvenile justice system.
  • Example: California Welfare and Institutions Code Section 601 requires minors to attend school.
• In Re Gault (1967): A landmark Supreme Court case that established the right of minors to due process in juvenile court.
  • Example: In Re Gault held that minors have the right to notice, counsel, and a hearing in juvenile court.
• In Re Winship (1970): A landmark Supreme Court case that established the requirement of proof beyond a reasonable doubt in juvenile court.
  • Example: In Re Winship held that minors have the right to proof beyond a reasonable doubt in juvenile court.

Practical Application

In a realistic scenario, a police officer might encounter a 16-year-old who is caught drinking beer at a party. The officer would likely issue a warning and refer the minor to a juvenile counselor or probation officer. The probation officer would then work with the minor and their parents to develop a plan to address the behavior, such as attending counseling or community service. If the minor continues to engage in status offenses, they may be referred to juvenile court, where a judge would determine the best course of action.

Common Misunderstandings

• Misunderstanding: Status offenses are the same as crimes.
• Correction: Status offenses are behaviors that are illegal only for minors, whereas crimes are behaviors that are illegal for both minors and adults.
• Misunderstanding: Minors who commit status offenses are automatically sent to juvenile court.
• Correction: Minors who commit status offenses may be referred to juvenile court, but they may also be handled through alternative programs, such as counseling or community service.
• Misunderstanding: Status offenses are only related to truancy and running away.
• Correction: Status offenses include a range of behaviors, such as curfew violation, underage drinking, and incorrigibility.
• Misunderstanding: The juvenile justice system is the same as the adult justice system.
• Correction: The juvenile justice system is a separate system that is designed to provide support and guidance to minors who have committed crimes or status offenses.

Exam Tips

• Know the difference between status offenses and crimes: Status offenses are behaviors that are illegal only for minors, whereas crimes are behaviors that are illegal for both minors and adults.
• Understand the landmark Supreme Court cases: In Re Gault and In Re Winship are key cases that established the rights of minors in juvenile court.
• Be familiar with the juvenile justice system: The juvenile justice system is a separate system that is designed to provide support and guidance to minors who have committed crimes or status offenses.
• Know the key definitions: Status offense, truancy, running away, curfew violation, underage drinking, and incorrigibility are all key terms to understand.
• Be prepared to apply the law: Exams may ask you to apply the law to a scenario, so be prepared to think critically and make sound judgments.

Quick Recap

• Status offenses are behaviors that are illegal only for minors.
• In Re Gault established the right of minors to due process in juvenile court.
• In Re Winship established the requirement of proof beyond a reasonable doubt in juvenile court.
• The juvenile justice system is a separate system that is designed to provide support and guidance to minors who have committed crimes or status offenses.
• Status offenses include truancy, running away, curfew violation, underage drinking, and incorrigibility.
• Minors who commit status offenses may be referred to juvenile court, but they may also be handled through alternative programs.
• The California Welfare and Institutions Code governs the juvenile justice system in California.
• Juvenile court proceedings are governed by the rules of evidence and procedure.