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JUVENILE COURT PRACTICE AND PROCEDURE

NCJ Number
46230
Journal
Mercer Law Review Volume: 29 Issue: 1 Dated: (AUTUMN 1977) Pages: 175-187
Author(s)
L S MCGOUGH; B B MCGOUGH
Date Published
1977
Length
12 pages
Annotation
DELINQUENCY PROCEEDINGS IN GEORGIA STATE COURTS FOR 1977 ARE EXAMINED, ALONG WITH CUSTODY CASES AND NEW LEGISLATION BEARING ON JUVENILE COURT PROCEDURES.
Abstract
THE MOST SIGNIFICANT ALTERATION IN THE JUVENILE JUSTICE SYSTEM ACCOMPLISHED THROUGH NEW LEGISLATION IS DEEMED TO BE THE ENDING OF THE PRACTICE, PARTICULARLY IN THE MORE REMOTE AREAS OF THE STATE, OF HOLDING STATUS OFFENDERS IN COMMON JAILS. DELINQUENCY COURT DECISIONS ARE CONSIDERED ACCORDING TO PROCEDURAL STEPS: INVESTIGATORY, THE DETENTIONAL HEARING, THE TRANSFER OR WAIVER HEARING, THE ADJUDICATORY HEARING, AND THE DISPOSITIONAL HEARING. IN THE INVESTIGATORY CATEGORY, CASES ARE CONSIDERED HAVING TO DO WITH THE QUESTION OF ADVISING AN ACCUSED CHILD'S PARENTS SPECIFICALLY OF THEIR CHILD'S RIGHTS AND THE APPLICATION OF THE STATUTE WHICH PROVIDES THAT NO CHILD UNDER THIRTEEN SHALL BE FINGERPRINTED EXCEPT FOR PURPOSES OF COMPARISON (E.G., WHEN AN OFFICER HAS DISCOVERED LATENT FINGERPRINTS WHILE INVESTIGATING A CRIME AND HAS PROBABLE CAUSE TO BELIEVE THAT THEY ARE THOSE OF THAT PARTICULAR CHILD). THE QUESTION OF A PROBABLE CAUSE HEARING FOR JUVENILES IS THE CASE CONSIDERED IN THE CATEGORY OF DETENTION HEARING. THE CASE CONSIDERED THE POINT AT WHICH A COURT'S JURISDICTION IS LOST RELATIVE TO THE HEARING. IN THE AREA OF ADJUDICATORY HEARINGS, CASES HAVING TO DO WITH SPEEDY TRIAL RIGHTS AND CORROBORATION OF AN ACCOMPLICE'S TESTIMONY ARE DESCRIBED. IN THE AREA OF DISPOSITIONAL HEARINGS THE COURT OF APPEALS REAFFIRMED THE REQUIREMENT OF SEPARATE HEARINGS ON THE ISSUE OF GUILT OR INNOCENCE AND ON THE ISSUE OF APPROPRIATE DISPOSITION. A CASE DEALING WITH THE NATURE OF A PROBATION REVOCATION HEARING IS ALSO DESCRIBED. THE CUSTODY CASES CONSIDERED HAVE TO DO WITH DEPRIVATION AND PROCEEDINGS FOR TERMINATION OF PARENTAL RIGHTS. (RCB)