Chapter Six Juvenile Justice Procedures

Most youth come in contact with juvenile justice through contact with a police officer. The officer has several options: he or she could file formal charges or a petition against the youth or may attempt a stationhouse adjustment or preliminary conference to settle the matter informally. Stationhouse Adjustment – police officer negotiates a settlement with the youth and parents instead of filing a petition. Stationhouse Adjustment – police officer negotiates a settlement with the youth and parents instead of filing a petition. Preliminary conference – probation officer negotiates a settlement with the youth and parents instead of filing a petition Preliminary conference – probation officer negotiates a settlement with the youth and parents instead of filing a petition If the police decide to file a petition, the child is referred to court. Normally a detention hearing is held to determine whether to remand the child to a shelter. The child has the right to counsel and other procedural rights. Unless absolutely necessary most children are returned home, the exceptions would be if a child is a danger to himself or others or parents are not capable of handling the youth. At this point many children are referred to a community-service program instead of filing a formal charge.

Juvenile Justice Procedures Juveniles have the same 4 th Amendment rights as adults 4 th Amendment – The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oaths or affirmation, and particularly describing the place to be searched, and the person or things to be seized. 4 th Amendment – The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oaths or affirmation, and particularly describing the place to be searched, and the person or things to be seized. Detention hearing – a hearing by a judicial officer of a juvenile court to determine whether a juvenile is to be detained or released while juvenile proceeding are pending. Detention hearing – a hearing by a judicial officer of a juvenile court to determine whether a juvenile is to be detained or released while juvenile proceeding are pending. Pretrial proceedings – In most jurisdictions, the adjudication process begins with some sort of hearing. Usually the juvenile is read his rights again, it is determined if a lawyer is requested and they are informed of their right to a trial. They are also informed that any plea must be voluntary and asked if they understand the charges against them and the consequences of making a plea. Pretrial proceedings – In most jurisdictions, the adjudication process begins with some sort of hearing. Usually the juvenile is read his rights again, it is determined if a lawyer is requested and they are informed of their right to a trial. They are also informed that any plea must be voluntary and asked if they understand the charges against them and the consequences of making a plea.

Juvenile Justice Procedures In some cases the juvenile will be detained in a juvenile facility pending trial and bail is an option in many jurisdictions. Plea bargains can occur at this time. If the child denies the allegation that he/she is delinquent, an adjudicatory hearing is scheduled. At this time a child accused of a serious offense may be waived to adult court. In some cases the juvenile will be detained in a juvenile facility pending trial and bail is an option in many jurisdictions. Plea bargains can occur at this time. If the child denies the allegation that he/she is delinquent, an adjudicatory hearing is scheduled. At this time a child accused of a serious offense may be waived to adult court. Adjudicatory hearing – the fact-finding process wherein the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition. Adjudicatory hearing – the fact-finding process wherein the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition. Adjudication is the trial stage of the court process. If child claims to be not guilty and if he is not waived to adult court an adjudication hearing is held to determine the facts of the case. The court hears evidence on the allegations in the juvenile petition. Decisions are based on rules of evidence and standards of proof similar to adult court. They have the right to counsel, freedom from self-incrimination, the right to confront and cross examine, and in certain states the right to a jury trial. At the end of the hearing the court enters a judgment against the juvenile.

Juvenile Justice Procedures Disposition – equivalent of sentencing for adult offenders, but the juvenile disposition is aimed at rehabilitation rather than retribution. Disposition – equivalent of sentencing for adult offenders, but the juvenile disposition is aimed at rehabilitation rather than retribution. If the child is found delinquent it must then be decided how to treat the youth. Most courts have a bifurcated process of separating adjuditory and dispositionary hearing (less formal) so different levels of evidence can be heard at each. If the child is found delinquent it must then be decided how to treat the youth. Most courts have a bifurcated process of separating adjuditory and dispositionary hearing (less formal) so different levels of evidence can be heard at each. Beyond a reasonable doubt is the standard of evidence required to find a youth delinquent. Beyond a reasonable doubt is the standard of evidence required to find a youth delinquent. Clear and convincing evidence is the standard of evidence to determine if juvenile is in need or treatment or rehabilitation. Clear and convincing evidence is the standard of evidence to determine if juvenile is in need or treatment or rehabilitation. After disposition the youth may become a “ward of the court” and this implies the state is acting in loco parentis. A social background check will then take place to determine the best mode of treatment.

Juvenile Justice Procedures Treatment – After disposition the juvenile may be placed in some type of treatment facility or more commonly, probation is called for. Usually, it is the least extreme measure. If a child was unsuccessful at probation for example, then detention in a secure facility is warranted. Parole or an aftercare program is sometimes required after leaving the state training school or residential treatment facility.