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NCJRS Abstract

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  NCJ Number: NCJ 083581   Add to Shopping cart   Find in a Library
  Title: Standards Relating to Pretrial Court Proceedings
  Document URL: PDF 
  Author(s): S Z Fisher
  Corporate Author: Juvenile Justice Standards Project
United States of America
  Date Published: 1980
  Page Count: 151
  Annotation: These standards for pretrial juvenile court proceedings cover report, petition, and summons; notification of rights; discovery; the right to a probable cause hearing; respondent's right to counsel; waiver of the juvenile's rights; and juvenile court calendaring.
  Abstract: For the most part, these standards adopt the implicit premise of the Supreme Court's relevant decisions which indicate that unless the special protective and rehabilitative aims of the juvenile justice system require otherwise, criminal procedure safeguards should apply. The most far-reaching departure from existing law in the standards is to make the juvenile's representation by counsel mandatory. Attention is given to the respective roles of the juvenile, counsel, parents, and the court in matters of waiver of rights. For the most part, the standards leave waiver decisions to the youth, advised by counsel and parents. Standards recommend application of liberal, bilateral discovery along the lines recommended by the American Bar Association for criminal cases. The major innovation in this area is to make discovery depositions available to both the petitioner and respondent without prior court approval. A standard gives juveniles, detained and undetained, the right to an adversary probable cause hearing in cases not tried promptly, and judicial reliance on hearsay evidence to support the finding is prohibited. With appropriate cautions against indiscriminate use, the standards also recommend the use of omnibus hearings and pretrial conferences in the calendaring of delinquency proceedings. A bibliography is not included. (Author summary modified)
  Index Term(s): Juvenile processing ; Pretrial procedures ; Right to counsel ; Pretrial discovery ; Court case flow management ; Waiver of rights ; Juvenile justice standards
  Sponsoring Agency: American Bar Endowment
United States of America

Andrew W Mellon Foundation
United States of America

Vincent Astor Foundation
United States of America

Herman Goldman Foundation
United States of America

National Institute of Justice (NIJ)
US Department of Justice
Office of Justice Programs
United States of America

US Securities and Exchange Cmssn
Office of the Inspector General
United States of America

US Dept of Justice NIJ Pub
United States of America
  Grant Number: 76-JN-99-0018; 78-JN-AX-0002; 74-NI-99-0043; 75-NI-99-0101; 71-NI-99-0014;72-NI-99-0032
  Sale Source: Ballinger Publishing Co
Harvard Square
17 Dunster Street
Cambridge, MA 02138
United States of America
  Country: United States of America
  Language: English
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