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How do juvenile proceedings differ from adult criminal
proceedings?
By Unknown 7/17/2008
(Unknown)
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How do juvenile proceedings differ from adult criminal proceedings?
The jurisdiction of juvenile court varies by state. Juvenile courts
usually hear cases involving persons between the ages of ten and
eighteen. Not all states agree that the maximum age is eighteen;
in New York, the age limit is sixteen, and in many other states
it is sixteen. In some circumstances, even juveniles under the applicable
age limit may be transferred to adult court. If the prosecution
charges an older juvenile with a particularly serious or violent
offense, the district attorney or prosecutor may request that an
adult court try the juvenile as an adult. In some states, juveniles
fourteen or older who are charged with serious acts like murder,
rape, or armed robbery must, under the relevant statute, be dealt
with in adult courts unless the judge transfers them to juvenile
court.
Because juveniles do not have a constitutional right to a jury
trial unless tried as an adult, judges hear most juvenile cases.
Juveniles also do not have a right to a public trial or to bail.
However, the fundamental elements of due process apply in a juvenile
proceeding as they do in the criminal trial of an adult. For example,
a child charged in a juvenile proceeding is entitled to notice of
charges given in advance of any adjudication of delinquency; a lawyer,
including one paid for by the state if the family cannot afford
one; the right to confront and cross-examine witnesses; the right
to pretrial release unless the child is a danger to himself or others;
and the right to assert the Fifth Amendment privilege against self-incrimination.
Finally, the state is required to prove its charges beyond a reasonable
doubt, just as in the trial of any adult on a criminal charge.
Under most state laws, juvenile offenders do not commit "crimes."
They commit delinquent acts, which are acts that would constitute
crimes if committed by an adult. The trial phase of a juvenile case
is referred to as an adjudication hearing. This means that the judge
hears the evidence and determines whether the child is delinquent.
The court then may take whatever action it deems to be in the child's
best interest. The purpose is to rehabilitate, not punish.
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