Court Process for Colleen M. Juvenile Case Essay. Retrieved from https://studentshare.org/law/1446666-colleen-m-juvenile-case
Court Process for Colleen M. Juvenile Case Essay. https://studentshare.org/law/1446666-colleen-m-juvenile-case.
The petition filed gives the juvenile court an authority over the case and the detained minor. The petition filed is then presented to the minor’s family, giving the reason for her detention and the reason to appear in court and also serves as an official charging document (Hedrick, 2012). Once the documents are handed over to the judge of the juvenile court, the judge then places the documents under seal. This is done to prevent any access by just anyone, as it happens with adult documents.
This measure is undertaken to ensure that a minor does not suffer the whole of her lifetime, over mistake she committed once. After the reception of the document, the determination and disposition of the case begins, where the minor’s fate is to be determined. The case first passes through the juvenile probation department; the intake officer decides whether the case reaches the threshold of being heard. In so doing, the officer reviews all the information pertaining to the case, as regard the facts and circumstances of the case.
This informs him if the information available is sufficient to try the minor. Under such consideration, the officer determines whether the case should be dismissed, heard informally or it should undergo a formal hearing (George, 2008). At this stage, if the information and facts available about the case are not sufficient, the case is dropped at this point. Once the case reaches the threshold for trial based on the available facts, the hearing of the case proceeds within 24 hours of the minor’s detention.
The hearing commences by having the charges against Colleen M being read out for her. If she accepts the charges, admits that she is guilty and agrees to meet the requirements of the court that will be set on the consent decree, then the judges will offer her an informal disposition (Hedrick, 2012). Under such a disposition, Colleen M would be required to either be placed under strict curfews or be referred to a rehabilitation program, where her behaviors will be addressed and controlled. She can also be required to pay damages for the harm that she has caused the family of the deceased, through her acts that resulted to the involuntary manslaughter.
If all the parties to the case agree to the conditions laid down in the consent decree, then she will be released to go and fulfill the set obligations. However, this is only done on a probation basis, where a probationary officer constantly monitors the behavior and activities of Colleen M, while overseeing her adherence to the conditions set. If she happens to follow all the requirements of the decree and perform as expected by the court, then her case would be dismissed. On the contrary, if she happens to fail in undertaking the provisions of the decree, then she would be required to face a formal hearing (Jones, 2006).
If the case passes to a formal hearing, then a decision is reached regarding how the case will be heard. Based on the gravity of the crime committed by Colleen M, the prosecutor can decide to have the case held in the juvenile court or in a criminal court. The prosecutor then files a delinquent petition. The petition informs the judge of the charges made against Colleen M, and requests the judge to hear and determine the case in a formal hearing
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