FREQUENTLY USED TERMS IN YOUTH COURT


Accused - a person or entity accused of committing a crime.

Adjudication Hearing - the trial court proceeding in which it is determined whether the allegations of the petition are supported by legally admissible evidence.

Advisory Hearing - The first court hearing. Juvenile is advised of the charges against him/her and enters a plea of guilty or not guilty.

Aftercare- Services provided by the Department of Corrections to juveniles who have been adjudicated delinquent and sentenced to a state correctional institution.

Commitment- A juvenile court disposition that places a youth in the custody of the Department of Corrections for supervision, treatment, and rehabilitation. DOC makes the placement determination of whether the youth should be placed in the institution or on an alternate placement. Most often, a youth is committed when probation and/or other services available to the court have failed to prevent a youth from returning to the court on either a new offense or violation of probation.

Complaint and summons-  The formal charge, which initiates a criminal proceedings in a court.  It must contain the name of the defendant, the offense, and statute number, and direct the defendant to appear before a specified court at a given date, time and location.

Consent Decree- an "informal disposition" issued by the court when a youth admits guilt and agrees to settle the charges by meeting the requirements of the court, which are laid out in a "consent decree." Among these requirements may be:

• Restitution - juvenile is required to reimburse the victim or pay a fine to the community for damages he has caused
• Mandatory curfew - juvenile is subject to a strict curfew
• School attendance - juvenile is required to attend school regularly
• Rehabilitation - juvenile is required to participate in drug or other rehabilitation programs

Once all parties have agreed to the "consent decree," the youth will be released on a probationary basis to fulfill his obligations. During this "informal probation" time, a probation officer will monitor his progress. After he has met the requirements of the "consent decree," the case will be dismissed. If the youth fails to follow through on meeting the orders outlined by the court, he may be required to face a formal hearing.

Contempt of Court-  The punishable act of showing disrespect for the authority of dignity of a court.

Cross-examination - questions asked of a witness by the attorney for the party who did not call the witness to testify.

Defendant (juvenile) - a person under the age of eighteen (18) years of age (child) who is charged with committing a delinquent act.

Defense Attorney - an attorney employed by the defendant or the Public Defender's Office whose job is to represent the juvenile defendant's interests in criminal proceedings.

Delinquency - the commission of an illegal act by a juvenile. A child is "delinquent" when he/she has been found guilty.

Department of Corrections - The State agency that manages various secured juvenile facilities. Adult equivalent would be the prison system.

Deputy County Attorney (Prosecutor) - an attorney employed by the Missoula County Attorney's Office whose job is to prosecute those accused of committing crimes in Missoula County.

Detention - secured facility run by the Missoula County Sheriff’s Department. Adult equivalent is jail.

Detention Hearing - a hearing to determine whether a juvenile should be detained or released.

Discovery - the process by which the prosecutor and defense attorney learn of the evidence the other party will present at trial.

Disposition - In terms of the adult system, this would be known as sentencing. The court determines what penalties/fines/and or sanctions youth will receive for the crime committed.

Formal Hearing/Process- The filing of a petition triggers formal court proceedings. The petition contains allegations of the child's delinquent acts.

Depending on the nature of the alleged delinquent act, there may be a detention hearing to determine if the child should be placed or retained in detention.

Most petitions proceed to adjudicatory hearings. An adjudicatory hearing is a court hearing to determine if the allegations in the petition are supported by evidence. The case is presented by the county attorney. The child has the right to be represented by counsel. If the child cannot afford counsel, counsel will be provided at state expense. Both sides present evidence. If the child is found not to have committed the alleged delinquent acts, the petition is dismissed and the child is no longer under the jurisdiction of the court. If the child is found to have committed the acts, the child is adjudicated a delinquent. A disposition hearing follows a determination of delinquency. At the disposition hearing, the court determines the appropriate consequences or treatment for the youth.

In cases involving violent criminal behavior by older adolescents, there may be a transfer hearing, in effect, trying the youth in adult court.

Guardian ad Litem- A person appointed by the court to protect the child’s interest in the proceedings.

Informal Hearing/Process- The informal phase of Juvenile Court utilizes the probation officers capacity as a "hearings officer" conveyed upon him/her by the District Court. Officers at this level generally attempt to work with the youth without filing a petition and moving into the "formal" (district court) arena of Youth Court. At this stage the officer primarily is interested in diverting the youth from adjudication but still holding him accountable for his actions.

Typically, if a youth abides by the conditions set forth in the informal hearing, (generally informal probation and or treatment services) a petition will not be filed and the youth is released from the conditions imposed by the court.

Intake- The process for determining whether the interest of the public or the juvenile require the filing of a petition with the juvenile court. Generally, a juvenile probation officer receives, reviews, and process complaints, recommends detention or release where necessary, and provides services for juveniles and their families, including diversion and referral to other community agencies.

Municipal Court:  Courts whose territorial authority is confined to the city or community.

Petition - the document filed by the State charging a juvenile with a crime.

Plea Agreement (Plea Bargain) - negotiation of an agreement between the prosecuting and defending counsel or for a reduced disposition or penalty.

Pre-Adjudication - events that occur before the Adjudication Hearing.

Pre-Adjudication Interviews - informal interviews conducted by the prosecutor or defense attorney before the trial at which victims and witnesses are questioned about their knowledge of the crime(s). Victims have the right to refuse to submit to a pre-adjudication interview conducted by the defendant, the defendant's attorney, or an investigator for the defendant.

Pre-Disposition Report (Report to the Court)- a report prepared by a probation officer for the Judge's consideration at the Disposition Hearing. This report includes a review of the juvenile's behavior and family history.

Probation - in juvenile court, a disposition which allows the juvenile to remain at liberty under the supervision of a probation officer. Detention time can be imposed as part of probation.

Probable Cause - a determination made by the Judge as to the likelihood that the juvenile committed the crime.

Restitution - the amount of money that the Judge orders the juvenile defendant to pay the victim as a condition of the juvenile defendant's sentence for the victim's out-of-pocket losses directly related to the delinquent act.

Revocation:    A court order rescinding or withdrawing a previous court order.  When a person on probation has violated one or more of the terms or conditions of probation, a petition to revoke probation or modify the term and conditions may be filed with the court.  If the allegations are proven, the judge may modify the terms of probation or revoke probation and exercise any of the dispositional alternatives, including commitment to the Department of Corrections.

Status Hearing- An informal discussion between the judge, prosecutor, your attorney, youth court, and you about the particulars of your case. Here you can decide whether to continue with your plea or change your plea. At the hearing you can:

• Learn what the charges against you are and why the police think you committed the act

• Ask questions about things you are unclear about or don't understand

Status Offense-An activity illegal when engaged in by a minor, but not when done by an adult. Examples include truancy, curfew, running away, or habitually disobeying parents.

Subpoena - a legal document requiring the person named in the subpoena to appear on a stated day and time at a specified court to give testimony in a case.

Testimony - a statement or declaration made to establish a fact or facts and given under oath.

Transfer - the sending of a case from the juvenile court to adult court for trial.

Victim - by law, a person, business or neighborhood association is a victim if the act committed by a juvenile would constitute a felony offense, or a misdemeanor offense involving physical injury, the threat of physical injury or a sexual offense if an adult committed the act.

Warrant-  An order of the court authorizing either the arrest of a specific person or the search of a specific place for the seizure of specific items named in the order.

Witness - a person who has first hand knowledge about a crime or a dramatic event.

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