Justice Manual § 9-8.001

The federal juvenile justice system is limited in scope. In most instances, State, local, or Tribal juvenile justice systems are better equipped to address the harms caused by a juvenile’s delinquent actions and provide appropriate rehabilitative services. However, in certain limited circumstances, federal prosecution may be an appropriate option for consideration.

The Juvenile Delinquency Act (JDA) provides the statutory framework for prosecution of juveniles who come under federal jurisdiction. 18 U.S.C. §§ 5031 et seq. The general purpose of the JDA—in line with the spirit of the juvenile justice system—is to encourage rehabilitation instead of punishment, and to provide juveniles with procedural and substantive protections not typically afforded defendants in the adult criminal justice system.

However, in certain cases where a juvenile commits an especially serious offense, the JDA permits the transfer of a juvenile to the adult criminal justice system, at which point most of the requirements in the JDA no longer apply. Given the significant differences between the juvenile and adult justice systems, prosecutors should exercise great care when deciding whether to seek the transfer of a juvenile to adult status for prosecution.

As a general matter and unless otherwise stated, all approval, consultation, and notification requirements described elsewhere in the Justice Manual apply to federal juvenile prosecutions. See, e.g., JM §§ 9-51.000 (cyber-enabled crimes); 9-90.020 (national security matters).