How The System Works
The juvenile justice system has four stages : intake, adjudication, disposition, and post-adjudicatory review. |
Intake and Detention Hearings
The juvenile comes to the attention of the police or juvenile courts through arrest or a juvenile petition. |
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Juvenile Petition = A document filed in juvenile court alleging that a juvenile is a delinquent, status offender, should be under the jurisdiction of the court, or be transferred to criminal courts. |
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Juvenile petitions are most likely filed by teachers, school administrators, neighbors, parents who are unable to control their child's behavior, and juvenile officers. |
Detention Hearing
Detention hearings normally happen within the first 24 hours of apprehension and are used to determine if the juvenile is "clear and immediate danger to themselves or others". |
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Detention hearings are conducted by a juvenile court judge or a juvenile probation officer to make the intake decisions. |
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Intake =The first step in decision making regarding a juvenile whose behavior or alleged behavior is in violation of the law or could otherwise cause a juvenile court to assume jurisdiction. |
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During this hearing the juvenile will be given diversions placed in a detention facility, or could have the case dismissed. |
Preliminary Hearing
The preliminary Hearing is to determine if there is probable cause to believe the juvenile committed the alleged act. |
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along with their parents or guardians the juvenile is advised of their rights, and if probable cause is established then they will be offered diversionary options. |
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Serious offenders may be transferred to the adult courts at the prosecuting attorneys request. |
Adjudication Hearing
Adjudication Hearing = the fact-finding process wherein the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition. |
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Some jurisdictions allow juveniles to be tried by their peers in teen courts. |
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Teen Court = An alternative approach to juvenile justice in which alleged offenders are judged and sentenced by a jury of their peers. |
Disposition
After the juvenile has been found delinquent there is a dispositionary hearing. |
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Dispositionary Hearing = the final stage in the processing of adjudicated juveniles, in which a decision is made on the form of treatment or penalty that should be imposed upon the child. |
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The two major classes of juvenile disposition are; to confine or not to confine. Most judges decide not to confine juveniles and place them on formal probation. |
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Juvenile Disposition = the decision of a juvenile court, concluding a dispositionary hearing, that an adjudicated juvenile be committed to a correctional facility; be placed in a juvenile residence, shelter, or care/treatment program; be required to meet certain standards of conduct; or be released. |