5.3: Pretrial Process

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Adjudicated Delinquent

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A juvenile that has been found guilty by a judge of committing a delinquent act.

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Adjudicatory Hearing

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Similar to an adult trial, a fact finding process whereby the juvenile court determines if the allegations made in the petition were sustained.

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Bail Reform Act of 1984

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A federal law that authorizes and sets forth the procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentence, and appeal.

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Bifurcated Hearing

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A two-part juvenile court proceeding where the adjudicatory phase is separated from the disposition phase.

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Coffin v. U.S. (1895)

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The landmark SCOUS decision that established the presumption of innocence in American criminal law.

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Community Defender Organization

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Non-profit organizations that provide attorneys to indigent defendants in criminal cases.

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Criminal Justice Act (CJA)

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Enacted in 1964 to establish a comprehensive system for appointing and compensating lawyers to represent defendants financially unable to retain counsel in federal criminal proceedings.

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Discovery

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Procedures used to obtain disclosure of evidence before trial.

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Disposition

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The phase of a juvenile delinquency proceeding analogous to the sentence in an adult trial.

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Disposition Hearing

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The phase of a juvenile delinquency proceeding when the judge decides what form of training and treatment will be in the best interest of the child.

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Ex Parte

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A proceeding brought before a court by one party only, without notice to or challenge by the other side.

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Exculpatory Evidence

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Evidence that tends to prove the innocence of the defendant in a criminal trial.

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Federal Public Defender

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An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel.

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Guilty Plea

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An admission of culpability (blameworthiness) for a crime.

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Judicial Diversion

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A judicial treatment of a case where no official record of a conviction is made if certain conditions are met by the defendant.

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Motion to Suppress

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A formal request to a judge that certain evidence not be considered at trial.

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Nolo Contendere Plea

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A plea of "no contest."

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Not Guilty Plea

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A plea meaning that the defendant denies culpability for the alleged criminal act.

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Petition

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A document filed in juvenile court alleging that a juvenile is a delinquent and asking that the court assume jurisdiction.

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Post-disposition Hearing

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The phase in a juvenile delinquency hearing where the judge decides what to do with the juvenile; analogous to the sentencing phase in an adult trial.

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Pretrial Motions

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Motions made before a trail gets underway, such as motions to suppress evidence, and motions to dismiss the case entirely for want of evidence.

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Pro Bono Publico

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A Latin legal phrase meaning "for the public good;" often used to describe attorneys representing indigent clients free of charge.

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Racketeering and Corrupt Influence Organization (RICO)

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A federal statute designed to make it easier to prosecute organized crime cases.

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Release on Recognizance (ROR)

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A release from custody based strictly on the defendants promise to return to court for further proceedings.

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Sustaining the Petition

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A finding by a juvenile judge that the allegations against a juvenile are true; The juvenile court analog of a guilty verdict in adult court.

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U.S. v. Salerno (1987)

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A landmark SCOTUS decision in which the court ruled that the pretrial detention of a dangerous defendant was not a due process violation so long as the dangerousness was proven.