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Purpose clauses, 2016

  • No clause

  • Parens patriae

  • Due process era

  • Balanced and Restorative Justice (BARJ)

  • Developmental Approach

Massachusetts' purpose clause is very short and aligns with parens patriae language found in the Standard Juvenile Court Act (1959) and adds that children should be treated not as criminals but as children in need of aid, encouragement and guidance.

17 MA §53

Intake and diversion, 2016

Initial intake and diversion decision is at the discretion of the prosecutor.

In Massachusetts, community-based diversion programs are required in some counties and administered by the DA. The program must maintain priority caseloads for those most likely to post a threat to the community. A task force is mandated by statute to work to deter the most violent and serious offenses. A child and parent may be summoned to court by law enforcement for delinquency for destruction of property offenses.

Otherwise, once a complaint is received for delinquency the court will issue an order to appear for any child alleged delinquent under age 12. The DA will generally seek a plea agreement and file a pretrial motion. Some offense allegations require that the juvenile waive the right to a jury trial and judicial findings (indecent assault of a child, rape, sex trafficking) before the judge can permit the agreement.

Once before the judge, cases can be ‘continued under supervision’ by probation upon written agreement (consent) of the child and parent to work or participate in some sort of activity for a specific period of time. Upon successful completion of ‘probation without adjudication’, the matter will be dismissed.

No statutory time limit/s for diversion exist.

In Massachusetts, there are no statutory time limits.

Courtroom shackling, 2015

Restricted by judiciary

Massachusetts Rules of Criminal Procedure (7/1/15) apply to juveniles per Rule 1.  Rule 45 indicates that gagging or shackling may be employed if the trial judge has found such restraint reasonably necessary to maintain order.  If the judge orders restraint/s, reasons must be entered into the record and (if present) the jury must be instructed ‘that such restraint is ‘not to be considered.’

Competency, 2015

In Massachusetts, the legal basis for determining juvenile competency is found in case law, where the state supreme court applied mental health statute, which states that competency procedures apply to [any] subject (including juveniles). Procedures there align with the Dusky standard, but do not have juvenile-specific provisions for examination, etc.

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

Sex offender registration, 2015


About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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