There is no federal juvenile justice system in America but rather separate systems for each state. The system in New York State is both typical in many of its facets and unique to New York in certain respects. The system is seen as overburdened and as facing new levels of violence in the streets so that the sorts of crimes with which the system must cope are more serious than in earlier periods. The system, which has been based on a rehabilitation model, has also been seen as ineffective, and new approaches have been suggested in legislation. The basic procedures for a juvenile justice system begin with a referral by a school official, parent, or guardian or by apprehension by the police. The case is first evaluated by the court intake officer to decide what further action is necessary. In a serious case, the juvenile offender might be held in a correction facility pending resolution of the case or be sent to an alternative placement facility, which would include a shelter, a group home, or a foster home. Juveniles do not have the right to post bail to obtain release until adjudication. If the intake office so decides, a petition is filed with the court indicating the statutes alleged to have been violated by the youth. In more serious cases, such as those involving rape or murder, the matter may be referred to the district attorney's office, in which case the juvenile might be charged as an adult, tried in the criminal courts, and perhaps sentenced to an adult correctional facility (The juvenile justice system, 2006).
The law in New York changed in 1978 with the passage of the Juvenile Offender Act. Before that time, all young offenders had been treated as juvenile delinquents, but a new category was now created, the Juvenile Offender. Such a person is charged as an adult but housed with juveniles. The Department of Juvenile Justice was created at the same time to offer a chance for reform and also to hold young offenders...