Adjudicatory hearings for juveniles are similar to adult trials, with some notable exceptions. List and define three of those differences and compare them to adult trials
Comment on your belief as to the most important of these differences that benefit juveniles.
Emphasis on privacy: An important distinctive characteristic of the juvenile system is its concern with privacy. Juvenile hearings are not open to the public or to the media. Witnesses are permitted to be present only to offer testimony and may not stay for the rest of the hearing. No transcript of the proceedings is created. One purpose of the emphasis on privacy is to prevent juveniles from being negatively labeled by the community.
Informality: Whereas the adult criminal trial is highly structured, the juvenile hearing is more in-formal and less adversarial. The juvenile court judge takes an active role in the fact-finding process rather than serving as arbitrator between prosecution and defense.
Speed: Informality, the lack of a jury, and the absence of an adversarial environment promote speed. Whereas the adult trial may run into weeks or even months, the juvenile hearing is nor-mally completed in a matter of hours or days.
Evidentiary standard: On completion of the hearing, the juvenile court judge must weigh the evidence. If the charge involves a status offense, the judge may adjudicate the juvenile as a status offender upon finding that a preponderance of the evidence supports this finding. A preponderance of the evidence exists when evidence of an offense is more convincing than evidence offered to the contrary. If the charge involves a criminal-type offense, the evidentiary standard rises to the level of reasonable doubt.
Philosophy of the court: Even in the face of strong evidence pointing to the offender's guilt, the judge may decide that it is not in the juvenile's best interests to be adjudicated delinquent. The judge also has the power, even after the evidence is presented, to divert the juvenile from the sys-tem. Juvenile court statistics indicate that only about half of all cases disposed of by juvenile courts are processed formally. Formal processing involves the filing of a petition requesting an adjudicatory or transfer hearing. Informal cases, on the other hand, are handled without a peti-tion. Among informally handled (nonpetitioned) delinquency cases, almost half were dismissed by the court.
No right to trial by jury: As referred to earlier regarding the U.S. Supreme Court case of McKeiver v. Pennsylvania, juveniles do not have a constitutional right to trial by jury, and most states do not provide juveniles with a statutory opportunity for jury trial.
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a. The USA PATRIOT Act b. The Sarbanes-Oxley Act c. The Anti-Terrorism and Effective Death Penalty Act d. The Homeland Security Act
In Varieties of Police Behavior, James Q. Wilson suggested that the public itself may be responsible for police behavior
Indicate whether the statement is true or false
Answer the following statement(s) true (T) or false (F)
1. Traditional crimes occur in a specific location/jurisdiction(s) and are thus subjected to the rule of law of that specific jurisdiction. 2. Cybercrimes operate in a virtual environment, with undefined and specific jurisdictions. 3. According to the routine activities theory, guardianship plays a major role in the prevalence of crime. 4. The idea that people learn to behave in certain ways based on imitating the behavior of those they are close to applies to only conventional behaviors. 5. According to the differential association theory, criminal behavior is acquired through interactions with other persons via communication.
Mistake defenses are sometimes called a. motive defenses
b. causation defenses. c. failure-of-proof defenses. d. felony defenses.