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Step 8Proceeding Against a Juvenile as a
Delinquent
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If you proceed with a juvenile adjudication, you should
anticipate a speedy
closed trial that follows nearly all the same rules as a criminal
prosecution.
The proceeding is conducted before a district court judge, since a
magistrate
cannot impose jail time on a juvenile. 18 U.S.C. § 3401(g).
The juvenile delinquency proceeding itself proceeds
essentially like a
bench trial. Where detention may follow the proceeding, juveniles
have been held
to have constitutional rights under the due process clause to
adequate notice,
to the assistance of counsel, to the privilege against
self-incrimination, and
to confront and cross-examine adverse witnesses. In re
Gault, 387 U.S.
1 (1967). The due process clause also requires proof beyond a
reasonable doubt.
In re Winship, 397 U.S. 358 (1970). Juveniles do not have
a
constitutional right to a jury trial in juvenile court, McKeiver
v.
Pennsylvania, 403 U.S. 528 (1971), and the federal statutes do
not provide
for one. The Federal Rules of Evidence appear to apply to juvenile
delinquency
proceedings. See Fed. R. Evid. 1101. The Rules of Criminal
Procedure do
not apply in any circumstance where their application is
inconsistent with the
juvenile statutes. See Fed. R. Crim. P. 54(b)(5).
The entire proceeding is subject to the limitations set
forth in 18
U.S.C. § 5038 on disclosure of the identity of the juvenile
defendant and
information about the juvenile proceedings. The usual methods of
complying with
these limitations include filing documents in the case under seal,
using the
juvenile's initials or "John Doe" to describe the juvenile in any
pleadings, and
conducting proceedings in a closed courtroom or in chambers.
See
generally, United States v. A.D., 28 F.3d 1353 (3d Cir.
1994).
Upon an adjudication of delinquency, the judge has
discretion to
impose any of the conditions listed in 18 U.S.C. § 5037. These
include
restitution, probation (and conditions of probation), and official
detention, but
not fines. Prosecutors should be aware that there is no supervised
release for
juvenile delinquents. Juveniles sentenced to official detention
are committed
to the custody of the Attorney General. The Federal Bureau of
Prisons designates
a place of confinement. Juveniles adjudicated delinquent who are
under 21 may
not be placed in an institution in which they have "regular
contact" with adults
convicted of crimes or awaiting trial on criminal charges. 18
U.S.C. § 5039.
There are at present no long-term federal facilities for juveniles.
The Bureau
of Prisons ordinarily places juveniles in state juvenile or private
facilities
under contract. Where possible, they are to be placed in foster
homes or
community-based facilities located in or near their home
communities. 18 U.S.C.
§ 5039.
Sample forms are available on request.
[cited in Criminal Resource Manual 48] | |