copyright © 2007 thomson delmar learning. all rights reserved. chapter 6 delinquency hearings

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Chapter 6 Delinquency Hearings

Chapter 6 Delinquency Hearings


Delinquency HearingsDelinquency Hearings

Refers to arraignment, pretrial, adjudication, and disposition

Similar to criminal court; however, in juvenile cases the best interest of the defendant is a factor

Refers to arraignment, pretrial, adjudication, and disposition

Similar to criminal court; however, in juvenile cases the best interest of the defendant is a factor


ArraignmentArraignment

Informal procedure is held in chambers Defendant admits or denies the petition Magistrate or master conducts the

hearing Some courts allow pretrial release with

bail

Informal procedure is held in chambers Defendant admits or denies the petition Magistrate or master conducts the

hearing Some courts allow pretrial release with

bail


Guardian Ad LitemGuardian Ad Litem

Guardian ad litem (GAL) is present during juvenile proceedings to advocate for best interests of the child

GAL reports directly to court GAL plays role in delinquency, abuse-

neglect-dependency, parentage, judicial bypass proceedings

Guardian ad litem (GAL) is present during juvenile proceedings to advocate for best interests of the child

GAL reports directly to court GAL plays role in delinquency, abuse-

neglect-dependency, parentage, judicial bypass proceedings


Plea BargainingPlea Bargaining

Most delinquency cases are settled at pretrial through a plea bargain

Defendant admits truth of the allegation in exchange for reduction of charges or prosecutor’s recommendation of more lenient disposition

Most delinquency cases are settled at pretrial through a plea bargain

Defendant admits truth of the allegation in exchange for reduction of charges or prosecutor’s recommendation of more lenient disposition


Adjudicatory PhaseAdjudicatory Phase

Purpose is to determine whether the alleged act occurred and whether the defendant committed that act

Rules of Juvenile Procedure, Rules of Evidence apply

Purpose is to determine whether the alleged act occurred and whether the defendant committed that act

Rules of Juvenile Procedure, Rules of Evidence apply


DispositionDisposition

Dismissal—if state cannot prove the case

Heard and submitted—court will dismiss charges if juvenile stays out of trouble

Probation—suspended sentence with conditions

Restitution—defendant makes victim whole

Dismissal—if state cannot prove the case

Heard and submitted—court will dismiss charges if juvenile stays out of trouble

Probation—suspended sentence with conditions

Restitution—defendant makes victim whole


Disposition (continued)Disposition (continued)

Community service—defendant performs tasks

Drug assessment, monitoring, treatment—where there is evidence of substance abuse

Commitment—equivalent to adult prison or jail

Community service—defendant performs tasks

Drug assessment, monitoring, treatment—where there is evidence of substance abuse

Commitment—equivalent to adult prison or jail


Death Penalty Death Penalty

Refers to imposing death penalty upon adults for acts committed as juveniles

No longer legal

Refers to imposing death penalty upon adults for acts committed as juveniles

No longer legal


Life without ParoleLife without Parole

It is still possible for juveniles to get a sentence of life without the possibility of parole

The United States has 2,200 people serving such sentences; the entire rest of the world has 12

It is still possible for juveniles to get a sentence of life without the possibility of parole

The United States has 2,200 people serving such sentences; the entire rest of the world has 12

copyright © 2007 thomson delmar learning. all rights reserved. chapter 6 delinquency hearings

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