Alternative Dispute Resolution And Mediation Essay

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The State of Maine classifies anyone under the age of 18 as a juvenile. They will receive a summons which will let them know the charges they are facing and when and where to appear. If they are arrested, they cannot be held for more than two hours by a police officer. If they are going to be held for longer, they must be released to a Juvenile Community Corrections Officer and held in a secure detention facility. Police are not able to question a juvenile, other than their name, date of birth, and address, without a parent present. Juveniles do have the right to remain silent and request a lawyer. At this time all questions should stop being asked. They also have the option to an informal adjudication. This allows them to meet with …show more content…
Alternative dispute resolution and mediation is an option in civil cases for adults to solve issues cheaper and faster outside of court. They have the right to see the evidence the other side has against them by discovery. They are only arrested if there is probable cause and after being processed into a holding facility will be seen by a judge within 48 hours or let go on bail. There will be a preliminary hearing to have a judge decide if there is enough evidence to go to trial, or the adult may waive the preliminary hearing. Next the case is given to a grand juror for them to decide if there should be a trial or not. If the case does move forward there will be an arraignment hearing which allows the adult to enter a plea of not guilty, guilty, or no contest. A guilty plea will result in allowing the right to a trial with the ability to defend themselves and cross exam other parties involved. If they choose to plead not guilty or guilty, there will be no trial and they will either get sentenced immediately or after the judge receives a pre-sentence investigation that will assist the judge in making a decision on the sentence. If they do go to trial, there may also be the option to plea bargain for a reduced sentence to a lesser charge. …show more content…
Juveniles have the additional protections that adults do not of being housed separately from adults, informal adjudication, closed record and the ability to petition to have it permanently sealed if it wasn’t, to be adjudicated-not convicted with a crime, and the ability to still say they have not been convicted of a crime on applications. They both have the right to know the charges against them, only be arrested if there is probable cause and to see a judge within 48 hours of arrest, the right to remain silent, alternative dispute resolutions, aftercare programs, the right to a fair trial where they can defend themselves and conduct a cross exam, the right to an attorney, the ability to enter a plea, and to settle their cases. The main differences for an adult, is that they have the right to a jury trial and will be housed with adults unless they have special needs, such as a mental illness, may be held for longer than 2 hours without having their parents notified, and an adult will have their arrest and trial available to the public whereas a juvenile’s may not

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