Juvenile Court & Forefeiture

Question 1

What rights must be given in juvenile proceedings?

Answer 1

• written notice of charges
• assistance of counsel
• opportunity to confront and cross-exam witnesses
• right not to testify
• right to have guilt est. BRD
• jeopardy attaches, cannot be retried

NO right to trial by jury

Question 2

What is a forfeiture proceeding? What protections apply?

Answer 2

Actions for forfeiture of property are quasi-criminal, so some rights apply.

• hearing req’d before final forfeiture but not before property is seized (no notice req)
• BUT if real property, notice + hearing req’d before seizure
• 8A excessive fines only applies to penal forfeitures - cannot be grossly disproportionate