Raising the Floor: Why America Needs a Minimum Age of Arrest

This analysis by R Street highlights the need for states to establish a minimum age of arrest and minimum age of juvenile court jurisdiction.

From the analysis: “Arresting elementary schoolers is traumatic, expensive, and ineffective, yet the question remains: How do we meet unmet needs without utilizing law enforcement? The answer lies in shifting from post-arrest diversion to pre-arrest deflection.

Since many arrests of young children stem from behavioral health crises, behavioral health responses are usually a more appropriate option. When Utah established a minimum age of 12 for juvenile court jurisdiction (one of the highest “floors” in the country), the state created a non-judicial Youth Services program to connect families with resources like mental health treatment or restorative justice without creating a court record.

While traditional diversion programs give children an off-ramp out of the system, deflection keeps them out entirely. Deflection is a proven accountability strategy—not a lack of consequences. Delaware deflects children using “civil citations,” akin to traffic tickets. If a child completes the required community service or restitution, their case is closed and they avoid a delinquency record.

A fourth grader’s bad day should lead to support—not a squad car. Taxpayers are footing the bill for a counterproductive process that does nothing for children besides damage their future prospects. Proposals establishing a minimum age of arrest are not mere “feel-good” bills. They are the essential foundation for a civilized society that recognizes the obvious difference between criminals and children.”