In the context of the American juvenile justice system, explain the difference between an adjudicatory hearing and a disposition hearing.

What will be an ideal response?


Answers will vary. During the adjudication stage of the juvenile justice process, a hearing is held to determine whether the offender is delinquent or in need of some form of court supervision. Most state juvenile codes dictate a specific set of procedures that must be followed during the adjudicatory hearing, with the goal of providing the respondent with "the essentials of due process and fair treatment." Consequently, the respondent in an adjudicatory hearing has the right to notice of charges, counsel, and confrontation and cross-examination, along with the privilege against self-incrimination.Furthermore, "proof beyond a reasonable doubt" must be established to find the child delinquent. When the child admits guilt-that is, admits to the charges of the initial petition-the judge must ensure that the admission was voluntary.At the close of the adjudicatory hearing, the judge is generally required to rule on the legal issues and evidence that have been presented. Based on this ruling, the judge determines whether the respondent is delinquent or in need of court supervision. Alternatively, the judge can dismiss the case based on a lack of evidence.Once a juvenile has been adjudicated delinquent, the judge must decide what steps will be taken toward treatment and/or punishment. Most states provide for a bifurcated process in which a separate disposition hearing follows the adjudicatory hearing. Depending on state law, the juvenile may be entitled to counsel at the disposition hearing.In an adult trial, the sentencing phase is primarily concerned with protecting the community from the convict. In contrast, a juvenile judge uses the disposition hearing to determine a sentence that will serve the needs of the child. For assistance in this crucial process, the judge will order the probation department to gather information on the juvenile and present it in the form of a predisposition report. The report usually contains information concerning the respondent's family background, the facts surrounding the delinquent act, and interviews with social workers, teachers, and other important figures in the child's life.

Criminal Justice

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Which of the following concepts best captures the utilitarian notion that each person's welfare is equally important and, thus, that no one person's happiness should be regarded as more important than any other person's?

a. Fecundity b. Psychological hedonism c. Agent neutrality d. Nobility of intent

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Which of the following are sources of criminal law?

a. English common law b. Administrative regulations c. Executive orders d. All of the above

Criminal Justice

The "good faith" exception to the exclusionary rule was established by case law in:

a. United States v. Leon b. Brewer v. Williams c. Nix v. Williams d. Carroll v. United States

Criminal Justice

Which is NOT an origin of gang-like organizations in small communities?

A) Gang members from urban communities came to the community and persuaded youth. B) Youth in the community would decide they wanted to be part of a gang and make up their own. C) Families from urban communities would move to the smaller communities and youth would start a gang. D) All the above are origins of gang-like organizations in small communities.

Criminal Justice