For many youth, adolescence can be a very difficult period of physical, intellectual, emotional, and social growth. For youth who do not have a safe and nurturing social environment, substantial developmental delays can result, particularly in the area of cognitive development, trust development, and feelings of security. Advances in brain science and technology have led to a better understanding of how the adolescent brain develops and functions. Adolescents’ brains continue to mature until their early- to mid-20s, leading to significant cognitive and behavioral differences between adolescents and adults. Adolescents are more likely to be influenced by peers, engage in risky and impulsive behaviors, experience mood swings, and over- or under-react to situations. Many youth who become involved in the juvenile justice court, both pre-adolescents and adolescents, have not yet developed the ability to think beyond the present and to connect present acts with future consequences. Because their concept of the passage of time is not fully developed, the prolonged uncertainty of not knowing what will happen can be frightening and further damage the youth’s cognitive development and levels of trust and security.
Because of these developmental dynamics, timeliness throughout the juvenile justice process is critical for two reasons:
- One purpose of the juvenile justice process is to teach offenders that illegal behavior has consequences and that anyone who violates the law will be held accountable. A youth with delayed cognitive development who must wait a significant period of time between offense and consequence may not be able to sufficiently connect the two events. As a result, the intended lesson of consequences and accountability is lost, and the consequences will not likely change future behavior.
- If the juvenile justice process is not timely, many youth will experience prolonged uncertainty, which can increase anxiety. Increased anxiety can negatively impact trust and a sense of fairness. If a youth does not perceive the juvenile justice system to be predictable and fair, then the system’s goal of changing behavior is less likely to be achieved.
In some juvenile justice courts, youth wait for months between the time a summons to appear is issued and the first court hearing. This delay significantly reduces the effectiveness of the juvenile justice court.
The JUVENILE JUSTICE GUIDELINES sets goals for the timing of each hearing in the juvenile justice court. If the goals of the JUVENILE JUSTICE GUIDELINES have been reached, the majority of cases in the juvenile justice court will be reduced in length of time to:
- One day to two weeks for a youth arrested and placed in detention who admits the allegations;
- One week to four weeks for a youth arrested and placed in detention who denies the allegations;
- One week to five weeks for a youth not detained who admits the allegations;
- Three weeks to six weeks for a youth transferred to adult court on a discretionary waiver and transfer; and
- Three weeks to 11 weeks for a youth not detained who denies the allegations.