U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Procedure and Evidence in the Juvenile Court

NCJ Number
123969
Date Published
1962
Length
84 pages
Annotation
This book guides juvenile court judges in complying with legal standards in juvenile court procedures.
Abstract
The basic principle of the book is not to produce juvenile court procedures that imitate the precise rituals of the adult courts, but rather to guide judges in honoring the legal principles inherent in a fair hearing while preserving the relaxed, informal approach of the juvenile court. The procedures addressed cover notice and petition, the hearing, the right to counsel, problems of evidence, and adjudication. Aspects of notice and petition discussed encompass notification in advance of the hearing, time and content of notification, the definiteness and amendment of petition, and finding by the court on the question of notice. Hearing procedures cover the swearing of the witnesses, the presence of the juvenile throughout the hearing, the privilege against self-incrimination, and warning of consequences. The chapter on right to counsel addresses the notice of right to retain counsel, assignment of counsel, and attorneys in the juvenile court. Problems of evidence cover the unavailability of the declarant, pretrial statements and admissions, corroboration of admissions, and uses of probation reports in adjudication and disposition. Adjudication issues include the quantum of proof, delinquency on the basis of law violation, and findings on the need for commitment. Chapter notes.