Abstract
In Maine, there is no such thing as a child too young to be prosecuted. Maine’s Juvenile Code grants the juvenile court jurisdiction over a child of any age, even one who would have been considered too young to prosecute in the fifteenth century. As of 2024, just over half of states in the country have rejected this approach and established minimum ages of jurisdiction for their juvenile courts. These minimum age laws protect the youngest, least culpable, and least competent children from prosecution, and generally require states to respond to young children through services rather than punishment. This Comment argues that Maine should join this growing movement and establish a minimum age of jurisdiction in its juvenile courts. It begins by charting the development of the separate juvenile justice system in the United States and the three core principles that underlie that system. Next, it explores the policy justifications set forth by proponents of minimum age statutes, the different types of minimum age laws across the country, and the ways that states with such laws respond to young children accused of violating the law. This Comment then turns to Maine, exploring the history of Maine’s approach to juvenile justice. This Comment concludes that Maine’s legislature originally intended for children suspected of crimes to receive a state response informed by both corrections and social services. This Comment addresses Maine’s current sole mechanism for excluding young children from its juvenile court: the due process requirement of competence to stand trial. This Comment then evaluates Maine’s current approach in light of the interests of the State, children, and families. Ultimately, this Comment concludes that both the underlying purpose and history of Maine’s Juvenile Code and a modern analysis of the interests of the State, children, and families all indicate that Maine and its children would be better served by adopting a minimum age of jurisdiction. This Comment proposes the age of fourteen, sets forth the policy justifications for that age, and recommends that children thirteen and younger be referred to the Department of Health and Human Services for services instead. Finally, this Comment explores potential barriers to implementation and suggests solutions to those barriers. Maine has just committed to significantly expanding its services for children in need. This Comment urges Maine to seize this opportunity to reimagine its approach to young children accused of offenses by adopting a minimum age of juvenile court jurisdiction, which will better serve the interests of children, their families, and the State itself.
First Page
137
Recommended Citation
Allie Smith,
Just Kids: Establishing a Minimum Age of Jurisdiction in Maine’s Juvenile Court,
77
Me. L. Rev.
137
(2025).
Available at:
https://digitalcommons.mainelaw.maine.edu/mlr/vol77/iss1/6
