juvenile court process: pretrial, trial, and sentencing
When the attorneys accept enough candidates to complete a jury — 12 for felonies and six for misdemeanors — the judge administers an oath to the jurors and instructs them on the trial process. The prosecution gives an opening statement outlining its case and the evidence against the defendant; The defense gives an opening statement outlining its case, which may challenge the accuracy of the prosecutor’s evidence; The prosecution presents evidence and calls witnesses; The defense cross-examines the prosecution’s witnesses; The “people close their proofs” (the prosecutor indicates that he has presented his entire case); The defense presents evidence and calls witnesses, if it chooses to; The prosecutor cross-examines the defense witnesses; The prosecution may present additional witnesses or evidence to rebut those presented by the defense; The prosecution gives a closing statement summarizing the case against the defendant; The defense presents a closing statement to the jury summarizing its arguments; The prosecution may present a final argument as a rebuttal to the defense’s closing statement; The judge instructs the jury about the charged crime and the deliberation process; The jury deliberates and returns a verdict (which must be unanimous). In fact, the Michigan Constitution enumerates nonbailable offenses, which are the crimes of murder and treason. Allows the juvenile an opportunity to have the case brought before a reviewing court after it has been heard in juvenile or family court. peers, these rights are not extended to juveniles. 0000027183 00000 n Transferring a juvenile offender from the jurisdiction of juvenile court to adult criminal court. Start studying Juvenile Justice: Chapter 13 - Juvenile Court Process: Pretrial, Trial, and Sentencing. This does not only include the incident reports, but also all pertinent evidence held by the police or District Attorney. A juvenile offender's arraignment hearing, pre-trial hearing and trial occurs in the county where the crime was committed. Whereas adults are entitled to public trials by a jury of their The procedure and organization of the juvenile court system is different from the adult system.
; Common types of pre-trial motions include motions to exclude certain evidence from trial, motions to prevent certain witnesses from testifying, and motions that the case should be dismissed for some legal reason. choppa. Intake refers to the screening of cases by the juvenile court The petition is the formal complaint that initiates judicial Additionally, the defense and prosecution may subpoena records in preparation for the adjudication hearing. Test.  If a judge determines there is not enough evidence to demonstrate that the defendant committed the charges against him, then the charges must be dismissed or revised to reflect the court’s finding. The juvenile judge must ensure that the
In such cases, juveniles are monitored during their sentences and are released only when the judge is satisfied that they have been rehabilitated or when the maximum time has been served. Sentences for felonies are usually determined at a separate sentencing hearing. 0000013165 00000 n 0000001296 00000 n A personal recognizance bond allows the defendant to be released in exchange for promising to return to court when required and requires no bail payment. Criminal trials can take weeks or even months, putting pressure on judges and prosecutors to resolve cases quickly using plea bargaining, which may take only a few hours. Cancel Unlock There are three basic types of juvenile cases: The organization model varies state by state, and some states, for example, Alabama, allow each county and city jurisdiction to decide which is the best method of organization. Gravity. A minor’s first appearance in juvenile delinquency court is at the detention hearing, where he or she is informed about the charges in the petition and the judge decides whether or not the minor will be released from custody pending determination of the case. Match. 0000035246 00000 n Only people charged with very serious crimes are denied bail. , Judges set different bail amounts for different defendants and crimes. Get Legal Help Understanding the Juvenile Court Procedure.
Write. Racial minorities are over-represented in detention. If he does follow all the requirements of the bond, he may either get the money back or the court may apply it towards the court costs, fees or fines that the defendant may owe after the trial concludes..
These reports include the probation agent’s evaluation of the offender, the circumstances of the offense, the offender’s personal and criminal history and the agent’s sentencing recommendation. 0000068083 00000 n trailer One major controversy in juvenile dispositions is the use of indeterminate sentencing, which allows a judge to set a maximum sentence. Firefox, or counsel if they face the possibility of incarceration. Detention is the temporary care of children within the structure of either a family court or independent juvenile court. Similarly, when a grand jury returns an indictment or a prosecutor files an information, a judge or magistrate issues a warrant for the arrest of the person charged if not already under arrest, and the person is taken into custody. Typically, these subpoenaed items are sent to the Court and then released to the subpoenaing party at the pretrial hearings. | 0000017558 00000 n Email Signup
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