Mississippi’s Youth Court Law - Delinquent Children

Generally speaking, in Mississippi, when a child commits a criminal act, that child is subject to the jurisdiction of the Youth Court. Those criminal acts are considered “delinquent acts” and if the Court finds that the child committed the acts, he or she is adjudicated a delinquent child. However, the Circuit Court will have exclusive jurisdiction when a child commits a criminal act with a deadly weapon or when he or she commits a criminal act that is punishable by life imprisonment or death.

There are typically two stages to delinquency proceedings. The first stage is the show cause or detention hearing. At this stage, the State must prove that there is probable cause to believe a delinquent act was committed and the particular child committed the act. If probably cause is established, the Court must then determine if the child is to be detained, placed on strict house arrest, or simply returned to the parents until the adjudication hearing. This determination is made considering the risk of danger of harm to the child and the public, whether there is available any reasonable alternative to custody, and considering the best interest of the child. The second stage is the adjudication stage and it is at this stage that the State must prove beyond a reasonable doubt that the minor child committed the delinquent act. If the Court finds that the State has met its burden, then the child is adjudicated a delinquent child and the court determines the disposition of the child considering the same factors above.

Unlike Circuit Court, where an adult is punished for his or her criminal acts, the goal of Youth Court is to rehabilitate the children who come before it while also protecting the public. This is not always possible and there are cases where the child has a substantial delinquent history and/or the nature of the delinquent act is such that the State believes there is no reasonable prospects to rehabilitation within the juvenile justice system and files to transfer the case to Circuit Court. If the Court agrees with the State, the minor child’s case is transferred to Circuit Court for the child to be tried as an adult.