Decision hearing The fact-finding phase (i.e., the main hearing) of a juvenile case. At this hearing, the judge – or, in a limited number of jurisdictions, the jury – receives and weighs the evidence to determine whether the facts prove beyond any doubt the charges alleged in the motion for delinquency. If the minor is found guilty (or involved) at the court hearing, this finding is called “arbitration.” The next day, Kerry has a detention hearing to see whether or not he should remain in the juvenile home until his case is resolved. The judge decides that Kerry must remain at Riverside Juvenile Hall until his trial because he represents a danger to the community. If the judge determines that the allegations are true, he or she will then hold a decision hearing equivalent to a conviction hearing in adult court. This can be done immediately after a decision in the pronouncement of the judgment or continued until a later date so that the judge receives more information about the minor. Our California juvenile defense attorneys represent minors at hearings throughout California. As former district prosecutors who once persecuted minors, we now use our in-house knowledge to help minors win their case and return home.1 Developmental language An approach to adult communication with children and adolescents that takes into account the cognitive limitations of different stages of development. While teens may show the ability to understand and argue better than young children, teens` ability to understand and reason usually doesn`t start to look like adults until they`re 16. Accordingly, juvenile court practitioners should carefully consider the language used and the structure of the questions asked when communicating with minors.
If the judge supports the application and concludes that the allegations are true in court, your child will be “convicted” at a decision hearing. As in a criminal trial, the burden of proof lies with the prosecutor to prove that the allegations against the minor are true beyond a reasonable doubt. The prosecution will present evidence and witnesses in support of their theory of the case. In juvenile courts, the same rules of evidence apply, and the defense may raise objections and challenge the admissibility of evidence and testimony. When the verdict is pronounced, the minor can defend himself and can use the power of the court to summon witnesses or present evidence. The minor has the right to the effective assistance of a lawyer and may hire a private lawyer or request a public defender. The minor also has a Fifth Amendment right against self-incrimination and can remain silent and not testify. Status Offence: Conduct that is considered a criminal offence only if committed by a youth (p.B.
fleeing home). (See Reason for transfer.) Analogous to a “conviction” of an adult, it is a formal finding of the juvenile court after a hearing or the presentation of a confession or guilty confession that the minor has committed the act for which he is accused. Mixed conviction An option of determination or determination that either allows the juvenile court to impose harsher punitive measures on a child for adult punitive measures (mixed conviction of minors) or allows an adult criminal court to impose juvenile decision options (mixed criminal conviction) on a child tried as an adult. Like adults in criminal court, a minor is entitled to a trial in which the prosecution would have to prove beyond any doubt the elements of the crime. In juvenile courts, this hearing is called a trial hearing or court hearing. The juvenile court follows its own guidelines and procedures, but jury trial is similar to a trial in a criminal court, with the only big difference – there is no jury trial in the juvenile court. Instead, the judge is responsible for deciding the case and determining whether there are sufficient facts to support the claim against the minor. Indictment Unit: A case decided by a juvenile court during the calendar year.
Each case represents a minor who is referred to the juvenile court to receive a new referral for one or more crimes. (See Reason for transfer.) The term eliminated means that certain measures have been taken or a treatment plan has been adopted or initiated during the year. (See Layout.) Under this definition, a youth could be involved in more than one case in a calendar year. “Far from being given the power to extend the detention of minors before the hearing, the genesis [of the amendments to the Juvenile Delinquency Act] reflects the intention that juvenile hearings should take place immediately, whether or not a minor is in detention. The alternative proposed by the Attorney General – that a minor may be held in pre-trial detention indefinitely, provided that a continuation has been granted for a valid reason – violates an objective repeatedly advocated by our courts and the legislator to minimize the length of detention of a minor before the decision. We conclude that the juvenile had the right to be released as soon as the juvenile court had prosecuted the case more than seven days after the date on which the case had continued at the request of the juvenile. “The judge will hear all the evidence presented by the prosecution and the minor and hear arguments from both sides, just like in a criminal trial. The juvenile judge will ultimately decide whether there is enough evidence to support the claim.
If the judge concludes that the allegations are not true, the case is over and the minor will be released unless he or she is also detained for another case. Julian and his mother return to the youth hall for a hearing on December 15. It`s going well. Julian`s California minors defense attorney was able to locate a key witness who comes to court to testify that Julian didn`t steal the car after all. Julian did not violate the Criminal Code 10851 pc Vehicle Theft. Obligation (also called placement or detention) In disposition, the obligation is one of the options available to the court as a possible sanction. This is the transfer of legal responsibility from the child to the State and often involves placement in a private or public institution. In many jurisdictions, the court imposes an indefinite sentence when custody of the defendant is transferred to a state agency, which allows the agency to determine when the minor can be released from custody based on his or her good conduct, noted rehabilitation and the minor`s previous record. A minor may also be subject to an obligation as a sanction resulting from a hearing on the revocation of probation. The obligation arises only after the decision, unlike “imprisonment”, in which a minor can be accommodated until a court or decision hearing.
Revocation hearings/diversion hearings A review hearing when the state or supervisory authority claims that the minor has not met his or her probation, probation or release conditions in the preliminary proceedings. If the court revokes the probation, probation or examination leave of the child, it may transfer the minor to a form of placement outside the home. If your child is in detention, your child has the right to be heard with 15 days of hearing from the date the detention was ordered.2 Court days do not include weekends and public holidays. Upper age of jurisdiction: The most advanced age at which a juvenile court has initial jurisdiction over a person for unlawful conduct. For the period covered by this report, the highest age of jurisdiction was 15 years in 3 states (Connecticut, New York and North Carolina) and 16 years in 10 states (Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, South Carolina, Texas and Wisconsin). In the other 37 states and the District of Columbia, the age of the superior court was 17. It should be noted that in most States there are exceptions in which minors older than or under the age of the State may be placed under the original jurisdiction of the Adult Criminal Court. For example, in most states, if a minor of a certain age is charged with a crime from a defined list of excluded offenses, the case must be brought before adult criminal court. In addition, in a number of states, it is at the discretion of the district prosecutor to bring certain cases before the juvenile or criminal court.
Although the higher age of jurisdiction is generally accepted in all states, there are many exceptions to this age criterion. Collateral consequences Participation in the youth system can have consequences for young people beyond the immediate judicial process. These secondary consequences may include, but are not limited to, fines, the requirement to register as a sex offender, the loss or restriction of a professional licence, eviction from social housing, ineligibility for public funds, including social benefits and student loans, loss of the right to vote, ineligible eligibility for sworn obligations, prohibition of possession of a firearm, and consequences in relation to immigration. First hearing This is the first hearing that a child accused of a delinquent act will have before a judge. The structure of this hearing varies by jurisdiction, but usually includes the assignment of a defense lawyer, an indictment, a detention decision, and the setting of additional hearing dates. See also Indictment. The juvenile equivalent of an adult sentence, the decision is a final decision on how to deal with a minor`s case after a decision. Since juvenile courts explicitly focus on the rehabilitation of children considered to be delinquents, decisions usually include a treatment plan that aims to address perceived gaps in the child`s current living environment and behaviour.