JUVENILE COURT PROCEEDINGS

Question 1

RIGHTS THAT MUST BE AFFORDED

Answer 1

The following rights must be given to a child during trial of a delinquency proceeding:
(1) written notice of charges,
(2) assistance of counsel,
(3) opportunity to confront & cross-examine witnesses,
(4) the right not to testify, and
(5) the right to have “guilt” established by proof beyond reasonable doubt.
- The Supreme Court has held that there is no right to trial by jury in delinquency proceedings.
- Pretrial detention of a juvenile is allowed where it is found that the juvenile is a “serious risk” to society, as long as the detention is for a strictly limited time before trial may be held.

Question 2

DOUBLE JEOPARDY

Answer 2

• If the juvenile ct adjudicates a child a delinquent, jeopardy has attached & the prohibition against double jeopardy prevents the child from being tried as an adult for the same behavior.