_- CrimP 16

Question 1

JUVENILE COURT PROCEEDINGS

Answer 1

.

Question 2

RIGHTS THAT MUST BE AFFORDED to a child during trial of a delinquency proceeding:

Answer 2

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 and 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 3

DOUBLE JEOPARDY for a child

Answer 3

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