Outline the proceedings of an adjudicatory hearing, and detail the circumstances under which a bifurcated hearing is carried out
What will be an ideal response?
The answer should include the following points:
- adjudicatory hearing—fact-finding stage steps—the youth’s plea, the presentation of evidence by the prosecution and by the defense, the cross-examination of witnesses, and the judge’s finding
- ensure that youths are provided with proof beyond a reasonable doubt—dismisses hearsay from the proceedings
- youth rights—attorneys and prosecutors are likely to be present
- ensure that the due process rights of the juvenile are maintained
- if the youth’s attorney and the prosecutor have agreed on a plea bargain, the agreement is presented to the judge at this time
- if the judge accepts the plea bargain—sequential hearing—assign disposition
- if the judge rejects the plea bargain, adjudicatory hearing continues
- prosecutors present the state’s case—arresting officer and witnesses at the scene of the crime testify—cross-examination by defense attorney—witness presentation—judge’s verdict
- youth found delinquent at the adjudicatory stage—disposition (sentencing) hearing
- present trend—bifurcated hearing—split adjudicatory and dispositional hearing—gives the probation officer opportunity to prepare a social study investigation of the youth
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