1. Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Chapter 6 Delinquency Hearings

2. 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  Refers to arraignment, pretrial, adjudication, and disposition  Similar to criminal court; however, in juvenile cases the best interest of the defendant is a factor

3. 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  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

4. 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, 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

5. 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  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

6. 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  Purpose is to determine whether the alleged act occurred and whether the defendant committed that act  Rules of Juvenile Procedure, Rules of Evidence apply

7. 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  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

8. 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  Community service—defendant performs tasks  Drug assessment, monitoring, treatment— where there is evidence of substance abuse  Commitment—equivalent to adult prison or jail

9. 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  Refers to imposing death penalty upon adults for acts committed as juveniles  No longer legal

10. 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  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