Juvenile Justice and Delinquency Prevention Act

The Law: Federal law that was the US Congress’s first major attempt to unify the treatment of juvenile offenders throughout the United States

Date: Became effective on September 7, 1974

Significance: This landmark federal legislation created the Office of Juvenile Justice and Delinquency Prevention and recommended major changes to state juvenile justice systems.

The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) was enacted by the US Congress to provide juvenile offenders uniform treatment in every state’s justice system. The act was passed with strong support from both Democrats and Republicans and a wide range of special interest groups.

One of the most significant components of the JJDPA was the creation of the Office of Juvenile Justice and Delinquency Prevention. Because each state has independent jurisdiction over its juvenile court system, participation in the JJDPA was made optional, and the act made federal funds available to states that chose to participate. This federal funding served as strong motivation for the individual states to bring their juvenile justice systems into compliance with the new federal requirements. Under the JJDPA, states were mandated to remove status offenders from secure and correctional facilities. This movement is often referred to as the deinstitutionalization of status offenders. Another significant requirement placed on states by JJDPA was a prohibition against placing juveniles in any institutions in which they might have regular contacts with adult offenders.

Since 1974, Congress has periodically reauthorized the Juvenile Justice and Delinquency Prevention Act and appropriated funds to support the programs it created. Furthermore, Congress has responded to trends in juvenile crime in the United States by reevaluating and amending the act. For example, during the late 1980s, rising violent juvenile crime rates prompted Congress to refocus the Juvenile Justice and Delinquency Prevention Act on serious and chronic juvenile offenders, allowing states to prosecute certain juvenile offenders as adults.

The 2004 version of the Juvenile Justice and Delinquency Prevention Act established two primary goals for the law. First, states were required to provide high-quality prevention programs that work with juveniles, their families, and communities to prevent delinquent behavior. Second, states were required to hold juveniles accountable for their actions by providing opportunities to make restitution to victims, perform community service, and develop the character qualities necessary to become productive members of their communities.

Bibliography

Champion, Dean John. The Juvenile Justice System: Delinquency, Processing, and the Law. 4th ed. Upper Saddle River, N.J.: Prentice-Hall, 2003.

Cox, Steven M., John J. Conrad, and Jennifer M. Allen. Juvenile Justice: A Guide to Theory and Practice. 5th ed. New York: McGraw-Hill, 2003.

Hess, Karen M., and Robert W. Drowns. Juvenile Justice. 4th ed. Belmont, Calif.: Wadsworth/Thomson Learning, 2004. Comprehensive overview of the juvenile justice system that connects theory and practice.

Olson-Raymer, Gayle. Criminology: The Role of the Federal Government in Juvenile Delinquency Prevention—Historical and Contemporary Perspectives. Evanston, Ill.: Northwestern School of Law Journal of Criminal Law and Criminology, 1983.