HANDLING OF JUVENILES IN COURT (FROM JUSTICE AND CORRECTIONS, 1978, BY NORMAN JOHNSTON AND LEONARD D SAVITZ - SEE NCJ-47922)

• NCJ Number: 47927
• Author(s): M M LEVIN; R C SARRI
• Date Published: 1978
• Length: 5 pages
• Corporate Author: John Wiley and Sons, Inc.
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM JUVENILE DELINQUENCY - A STUDY OF JUVENILE CODES IN THE U S NATIONAL ASSESSMENT OF JUVENILE CORRECTIONS, 1974, P 48-57

Annotation

ASPECTS OF THE JUVENILE ADJUDICATORY PROCESS ARE DETAILED.

Abstract

IN CONTRAST TO ADULT CRIMINAL TRIALS, THE JUVENILE ADJUDICATORY HEARING IS AN INFORMAL, OFTEN PRIVATE PROCESS DURING WHICH A JUDGE OR REFEREE, NOT A JURY, FINDS BEYOND A REASONABLE DOUBT THE JURISDICTIONAL FACTS THAT JUSTIFY THE STATE'S INTERVENTION FROM INFORMATION, RATHER THAN EVIDENCE, PRESENTED BY THE PROSECUTOR OR JUVENILE COURT PERSONNEL AND CONTESTED BY DEFENSE COUNSEL. ONLY OHIO, NORTH CAROLINA, AND CALIFORNIA REQUIRE THE HEARING TO BE FORMAL IF THERE IS A CONTESTED ISSUE OF FACT. ALTHOUGH THE HEARINGS ARE GENERALLY CLOSED TO THE PUBLIC, THE JUDGE IS USUALLY GIVEN AMPLE DISCRETION TO ADMIT INTERESTED PARTIES; IN SOME STATES THE HEARING IS CLOSED ONLY AT THE DISCRETION OF THE JUDGE. BECAUSE THE U.S. SUPREME COURT HAS RULED THAT JUVENILES ARE NOT GUARANTEED THE RIGHT TO A JURY TRIAL UNDER THE FOURTEENTH AMENDMENT, A JUVENILE CAN ONLY HAVE THAT RIGHT BASED ON EITHER A STATE CONSTITUTION OR STATE STATUTE. STATUTORY RIGHT TO TRIAL BY JURY EXISTS IN 10 STATES, WHILE ALASKA ALLOWS JUDGES TO USE JURIES, INCLUDING YOUTH PANELS. U.S. SUPREME COURT RULINGS REQUIRE JUVENILE COURTS, IN WEIGHING THE EVIDENCE, TO ADHERE TO THE STANDARD OF 'BEYOND A REASONABLE DOUBT,' RATHER THAN TO 'A PREPONDERANCE OF THE EVIDENCE.' ALSO, NO STATE REQUIRES THE JUVENILE JUDGE TO FOLLOW ACCEPTED RULES OF EVIDENCE. THE SUPREME COURT HAS ALSO RULED THAT JUVENILE DEFENDANTS SHARE WITH ADULT OFFENDERS THE LEGAL RIGHTS TO COUNSEL. REGARDING POSTHEARING DISPOSITIONS, JUVENILE COURTS ENJOY A VARIETY OF REHABILITATIVE AVENUES. THIRTY-FOUR STATES SANCTION THE DISPOSITION OF JUVENILES WITHOUT COURT PROCESSING, ALTHOUGH SOME FORM OF POSTHEARING PROBATION IS THE MOST FREQUENTLY EMPLOYED DISPOSITION. PROBATION IS STATUTORILY SANCTIONED IN EVERY STATE, AS IS FOSTER HOME PLACEMENT. ONLY ARIZONA AND ALASKA PROHIBIT PLACEMENT IN PRIVATE INSTITUTIONS. IF INSTITUTIONALIZATION IS FOUND TO BE NECESSARY, A CHILD MAY BE COMMITTED TO A STATE INSTITUTION. TRAINING AND INDUSTRIAL SCHOOLS ARE STATUTORILY PROVIDED FOR IN NEARLY ALL STATES AND FORESTRY AND OTHER TYPES OF CAMPS ARE AVAILABLE IN 26 STATES. COUNTY INSTITUTIONS PROVIDE A DISPOSITION ALTERNATIVE IN 24 STATES, ALTHOUGH THESE TYPES OF PROGRAMS ARE GENERALLY FOUND ONLY IN COUNTIES WITH CONSIDERABLE POPULATION. TWENTY-TWO STATES PERMIT A JUVENILE COURT TO COMMIT A JUVENILE TO AN ADULT CORRECTIONAL INSTITUTION. GRAPHIC DATA SUMMARIZING DISPOSITIONAL ALTERNATIVES ARE PRESENTED. (KBL)