Juvenal Justice Procedure

Adjudicated delinquent

(Conviction)Having been the subject of a completed adjudication hearing the Juvenal is determined to be either delinquent or incorrigible

Adjudication Hearing

( Trial) A trial or hearing to a judicial officer to determine whether a Juvenal is a delinquent or incorrigible. The standard of proof is beyond reasonable doubt.

Delinquent Act

(Crime)Any act by a child, at least 8 ( 7 Arizona) which if committed by an adult would be a public offense.

Intake

The booking area of the Juvenal Court Detention Center where all Juvenlas are physically brought to the court to be processed and screened.

Commitment

(sentence to prison) the judicial determination that an adjudicated delinquent be confined in the department of Juvenal Corrections.

Dependent

A child who is adjudicated to be;1. In need of proper parental care and control and has no parent/guardian willing to exercise or capable of doing so. 2. Destitute or who is not provided with the necessities of life. has unfit home by reason of abuse, neglect, or cruelty. 3. Under the age of 8 who is found to have committed an act that would result in adjudication if child was older.

Advisory hearing

A judicial hearing that informs the juvenile of the formal charges against them, advises the juvenile of rights to counsel, provides opportunity for court-appointed counsel, and provides opportunity for entry plea.

Disposition hearing

9Sentence hearing) A hearing subsequent to adjudication, to determine the most appropriate disposition of a juvenile

Dispostion

(sentence) The judicial determination that a juvenile be committed to ADOJC, confined in a detention center placed in care or treatment program, placed on probation or terminated and released.

Juvenile Court

Civil in nature, no jury. Superior court having original jurisdiction over children under the age of 18 in all proceeding relating to delinquency, dependency or incorrigibility

Status offense

Behavior that is unlawful only because it is committed by a juvenile. ( truancy, run a way...)

Detention

(jail) The tempoary confinment of a juvenile for protection of the chilld or community

Detention Hearing

A judicial determination on whether to hold/detain in a Juvenile Detention Center pending further court proceedings

Neglect

The inability or unwillingness of a parent of a child to provide that child with supervision, food, clothing, shelter or medical care wich causes subsequent risk or harm to the childs health or welfare

Adult

18 years of age is when you leave the Juvenal Justice system

Venue

genrally where the crime occured the trial will take place in the same county

Child protective services

investigates reports of abuse and neglect of children; place children in foster care, and place children in adoptive homes

C.R.E.W

a program for delinquents i.e communty service, clean up

Attorney

a professional person authorized to practice law

Juvenile bail

Does not exist, juvenile is assumed not to have a job, no income, no bail

Due process

(law) the administration of justice according to established rules and principles

Preponderance of evidence

The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

Proof beyond reasonable doubt

The facts and evidence are entirely convincing and satisfy the the person committed the act beyond any resonable doubt, sometimes equated with 95% certainty

Adjusted

To dispose of the case without the juvenal being required to go to court

Incorrigible

a child who refused to obey the resonable and proper order or directions of parents and who is beyond the control of such person, one who has runaway or traunt from school, or endagers the morals and health of themselves. Commonly reffered to as a status offense

Referral

A written request by police, parents or other agency that the juvenile court take appropriate action concerning a juvenile alleged to have committed a delinquent act

Runaway

a child who has run away from the child's parents and may be taken into tempoary custody without a warrant.

Transfer hearing

A type of hearing held when the juvenile court considers transferring its jurisdiction to criminal court for prosecution. Applies only to felony offenses, Probable cause must be proved by the preponderance of evidence

Schalll vs. Martin

Court case that decided juveniles can be held in preventative detention prior to adjudication

Kent vs. United states

First U.S supreme court case in which it was ruled that juveniles facing waiver to adult court are entitled to some basic due process rights

Fare Vs. Michel C.

Case that established ground rules for determing whether a juvenile has knowingly and voluntarily waived their rights

In re Gault

U.S supreme court case in which it was ruled that a juvenile is entitled to the essentials of due process including right to notice of charges, right to counsel, right to confront and cross examine witnesses and right against self-incrimination including right to remain silent, right to have parent or guardian present while being questioned

In re Winship

U.S Supreme court case that decided that the standard of proof in juvenile delinquency proceedings is proof beyond a resonable doubt

Breed Vs.Jones

Case in which U.S Sumpreme court ruled that juveniles are protected against double jepardy by the U.S constitution

New Jersey VS TLO

The court decsion that school officials only need resonable ground not probable cause to search a student when they suspect the search will turn up illegal evidence

Miranda rights

The right to remain silent the right to an attorney, and the right to indigent appointment of an attorney

Prevention Detention

The holding of a juvenile without bond or bail prior to their adjucation hearing because juvenile is a security risk or threat to society