Adjudication hearing

1. Adjudication hearing • More than a million cases of alleged delinquency brought before the juvenile court each year • More than half are petitioned to court • About 150,000 status offenses brought before juvenile court, and about half of them are adjudicated

2. Types of juvenile courts • 1. Part of a trial court • 2. An independent court • 3. Part of a family court • Usually includes a juvenile judge, probation staff, prosecutors, defense attorneys, and various social service programs

3. Federal system • Tries not to handle juveniles, turning them over to the state system • Must be a violent felony, a drug trafficking or importation offense, or a firearms offense • Can be tried as an adult if the person is 15 and one of the above offenses is involved • Very small number adjudicated, many of them Native American Indians

4. Juvenile Prosecutor • Staff member of prosecutor’s office • Appointed or elected • May work with juveniles exclusively, or as part of a case load (depends on the size of the jurisdiction) • Were generally not involved in the juvenile court prior to the 1960s

5. Juvenile prosecutor: functions • Investigations • Work with police, probation, and a variety of social service agencies, psychologists • Prepare petitions • Represent the state at the time of detention hearing, transfer hearings, adjudications, disposition hearings, plea bargains, appeals, probation violations

6. Juvenile prosecutors • Very broad discretionary powers • Quasi-judicial immunity • Must balance protection of the people with the best interests of the child • Need for training in child development, treatment, etc.

7. Juvenile judges • Functions • Rules on motions • Detention decisions • Makes decisions about plea bargaining and informal adjustments • Handles adjudications, settles questions of evidence and procedure

8. Juvenile judges • Makes disposition decisions, waivers • Selection: appointments, elections • Quality of judges varies considerably • National Council of Juvenile and Family Court Judges—professional organization • Juvenile and Family Court Journal

9. Defense attorneys for juveniles • Gideon applies to juveniles who may lose their liberty • Public defenders, private attorneys, appointed counsel • Guardian ad litem: court appointed attorney who protects the interests of the child—common in d/n cases, may be used in others, particularly if the youth has special needs

10. Defense attorneys • CASA: court appointed special advocates: volunteers who investigate the child’s needs and act as liaison between the judge, the attorneys, and the child, seeking the best placement and treatment

11. Role of the defense attorney • Disagreement about the role • Advocate fighting for acquittal? • Guardian? • Poor quality of defense • Many waive their right to counsel • Most likely in the more serious cases

12. Defense attorney • At the adult level, attorneys are clearly helpful • Paid attorneys get better outcomes • Those who proceed pro se do poorly • At the juvenile level, this is not the case—those with counsel get worse dispositions • Probably related to the seriousness of the offense

13. Adjudication hearing • Hearing will determine: • Whether child is delinquent or in need of supervision (status offender) • Not guilty • Dismissal because of insufficient evidence • Informal alternatives (continuance with the possibility of dismissal for good behavior)

14. In re Gault (1967) • Gerald was 15 and on probation • Taken into custody because of a complaint from a woman that he had made an obscene phone call • Parents not informed that he was taken into custody • Questioned by judge, released from detention a few days later

15. In re Gault • Hearing held: complainant not present, no transcript. Probation officer indicated that Gerald had admitted to making the calls • Neither Gerald nor the parents were advised of their 5th amendment rights • No counsel • Gerald committed to the state school for 6 years (until 21, unless released earlier)

16. In re Gault • The maximum punishment for an adult for this crime was $50 or two months in jail • The AZ Supreme Court indicated that Gerald had no right to appeal as a juvenile, as records were not kept of juvenile proceedings

17. In re Gault • The U.S. Supreme Court established the following rights: • 1. Right to notice • 2. Right to counsel • 3. Right to confrontation and cross-examination during the adjudication proceeding

18. In re Gault • 4. Miranda rights • 5. Right to a written record of the proceedings and the decision • 6. Right to appeal • There is evidence that these rights have only been partially implemented • Passive resistance to the Gault decision

19. In re Winship (1970) • Winship found guilty of larceny based on preponderance of the evidence, and placed in reform school for an initial period of 18 months. • U.S. Supreme Court decided that there should be proof beyond reasonable doubt when loss of liberty was at stake

20. McKeiver v. PA • At the adult level, there is a right to a jury trial in certain types of cases (where the potential penalty is at least 6 months of incarceration (Duncan v. LA) • U.S. Supreme Court indicated that juveniles do not have a right to a jury trial • Not an essential element of fact-finding

21. McKeiver v. PA • It would turn juvenile justice into an adversarial process • Juries would mean more delays (which juveniles cannot afford), and more publicity

22. Appealing decisions • Determined by statute • In most jurisdictions, the juvenile is given a statement after the decision • Usually must appeal within a particular time frame • Appeals based on the record • Appeals can be overturned or a new trial could be ordered

23. Appeals • Usually appeals are based on improper handling of evidence, or decisions by the judge during the course of the proceedings • Collateral attack: habeas corpus—child is being held illegally in detention or an institution • Few cases appealed