Transcript Juvenile Law

Chapter 6
Delinquency Hearings
Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Delinquency 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

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Arraignment
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

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Guardian 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, abuseneglect-dependency, parentage, judicial
bypass proceedings

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Plea 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

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Adjudicatory 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

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Disposition
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

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
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

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Death Penalty
Refers to imposing death penalty upon
adults for acts committed as juveniles
 No longer legal

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.
Life 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

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.