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Acquittal: being found not to have engaged in delinquent conduct; otherwise released or discharged without further prosecution.
Adjudication Hearing: an adjudication hearing is similar to the guilt/innocence phase of a criminal trial. Its purpose is to determine whether or not the juvenile committed delinquent conduct or is in need of supervision. An adjudication hearing is required when a juvenile pleads true in exchange for a plea-bargain and when a juvenile pleads not true and requests a trial.
Affirmative Defense: a defense which proves some new fact. The respondent is not simply denying the offense alleged but offers new evidence to show lack of responsibility. The respondent has the burden of proving an affirmative defense.
Appeal: to contest the outcome of a case or have a higher court review the decision or outcome. Appellate courts have jurisdiction to review the law applied in a trial court.
Arraignment: an initial step in the criminal process where the respondent is told about the accusation and informed of his or her constitutional rights. Most juvenile courts do not have formal arraignments.
Arrest: being placed under restraint or taken into custody, however, an important distinction is that juveniles cannot be “arrested”, rather they are referred to as “taken into custody.” However, the practical effect is the same.
Bail: the security (usually money) given by the accused in criminal court to assure that he will appear before the court to answer the charge brought against him. It is important to note that juveniles in Texas are not subject to bail or bond.
Bifurcated Trial: a procedure in Texas that refers to a two-part trial where each part is separate and distinct. In a juvenile trial, the first part is the adjudication phase, and the second part is the disposition phase, when necessary.
Certification: waiver of juvenile court jurisdiction and transfer to adult court. Essentially, after a hearing, the court determines whether to transfer the case to adult court where the juvenile will stand trial as an adult. Some transfers are discretionary and others are mandatory.
Child: a person who is ten years of age or older and under 17 years of age, or a person who is 17 years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.
Child in Need of Supervision: a child who has been found guilty of a status offense.
Community Supervision: a continuum of programs and sanctions imposed by a court for a specified period of time; also commonly referred to as probation.
Confession: generally an admission to facts or circumstances which will be used against you.
Court Trial: a trial without a jury where the judge makes determinations for adjudication and disposition, if necessary.
Criminal Episode: a continuing course of conduct, usually comprised of more than one criminal offense, which can be prosecuted in a single criminal action.
Criminal Negligence: a culpable mental state used when a person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Culpable Mental States: a state of mind which renders a person responsible (culpable) for his or her actions. Generally one of the four culpable mental states must be proved in every case – see: intentional, knowing, reckless, or criminal negligence.
Custody: detained or otherwise under arrest by a peace officer or under restraint by a public servant pursuant to a court order.
Respondent: in a juvenile court, this is the person accused of delinquent conduct or in need of supervision.
Deferred Prosecution: a program where juvenile court proceedings are deferred (or put off) without an adjudication (finding) for a period of time (usually 6 months, but no more than a year). A deferred prosecution is essentially a contract with the court whereby if the juvenile successfully completes the terms of the contract, the prosecution is dismissed.
Delinquent Conduct: violations of the penal laws (crimes), contempt of a justice of municipal court; driving while intoxicated, and driving under the influence by a minor.
Detention: a short-term holding facility, a lock-up facility operated by the county, where juveniles may be held pending a determination of delinquent conduct.
Detention Hearing: a hearing in front of a judge or magistrate/master to determine whether or not a juvenile will be detained in the detention center or released to a parent or guardian to return to court. To detain a child in the detention center, the state must show (1) the child is likely to abscond or be removed from the jurisdiction; (2) suitable supervision, care or protection for the child is not being provided by the parent or guardian; (3) the child has no suitable parent or guardian able to return him or her to court when required; (4) the child may be a danger to himself or others if released; or (5) the child has previously been found delinquent or is likely to commit an offense if released.
Determinate Sentencing: a sentence which is defined to a set number of years. Determinate sentencing is considered the most severe juvenile punishment and requires the approval of a grand jury. When facing a determinate sentence, the juvenile has a right to have jury decide his sentence or disposition. Determinate sentencing allows for sentences of up to 40 years. With 10 years or less, the sentence may be probated; otherwise, the juvenile may start in the juvenile system and transfer to the adult system to continue his sentence. Determinate sentencing only applies to certain, more serious offenses.
Disposition: the equivalent of sentencing or punishment in adult court. A hearing is held to determine the appropriate sentence for a juvenile found to have engaged in delinquent conduct or is otherwise in need of supervision. Generally, a judge determines the disposition; however, in determinate sentencing cases only, the juvenile may elect to have a jury decide his or her sentence.
Evidence: the means by which alleged matters of fact is established or disproved. Evidence includes testimony of witnesses, documents, records, exhibits, objects, and any other probative matter offered for the trier of fact to consider in reaching its decision.
Felony: an offense, if committed by an adult, would be punishable by death or confinement in a penitentiary, and may include a fine in addition to penitentiary confinement.
Fitness to Proceed: an inquiry to determine whether or not the child is able to understand the proceedings and assist his lawyer. A child is unfit to proceed where the child, as a result of mental illness or mental retardation, lacks the capacity to understand the proceedings in juvenile court or to assist in his or her own defense. If the child is unfit to proceed, the proceedings may be stayed or held-off until the child is adequately treated and able to understand or assist.
Grand Jury: a jury selected to hear evidence and determine whether or not probable cause exists to start or continue a prosecution of the accused. Grand jury proceedings are generally secret. In addition, certain juvenile cases (violent and habitual offenders) may be referred to a grand jury for approval for determinate sentencing.
Habeas Corpus: a remedy to be used when any person is restrained in his liberty. An order issued by a court of judge and directed to any one having a person in his custody or under his restraint ordering him to produce the person for a hearing to show why the person is being held in custody or under restraint. Can apply any time a person is restrained, including after conviction.
Homicide: causing the death of another intentionally, knowingly, recklessly, or with criminal negligence. Depending upon the level of culpability, homicide is murder, capital murder, manslaughter (including intoxication manslaughter), or criminally negligent homicide.
Indeterminate Sentence: commitment to TYC for an undetermined amount of time. In an indeterminate sentence case, it is generally TYC that determines when the child is released from custody. Most juvenile cases involve indeterminate sentencing.
Intentional: a culpable mental state used when a person acts with intent, when it is his conscious objective or desire to engage in the conduct or cause the result.
Interrogation: questioning by the police or other officials.
Jeopardy: a legal rule from the United States Constitution stating a person may not be twice placed in jeopardy of life or liberty for the same offense, nor may he be tried again for the same offense after a verdict of not guilty. This means the state may not (1) prosecute a respondent for the same offense after an acquittal, (2) prosecute a respondent for the same offense after a conviction, or (3) obtain multiple punishments for the same offense. Also called Double Jeopardy.
Justification: a defense to prosecution that the respondent’s conduct in question is justified. Justification defenses can include necessity, self-defense, defense of another, defense of property; however, each justification has limitations and is very fact specific.
Jury: a body of members of the community who are selected to hear evidence and render a decision.
Jury Trial: a trial with a jury comprised of members of the community who will determine whether or not a child engaged in delinquent conduct and disposition in some cases.
Juvenile Processing Office: a designated office or offices within the county where a juvenile may be taken for processing fingerprints, gathering custodial information, interrogation, etc. A juvenile taken into custody may spend no more than 6 hours in a juvenile processing office.
Knowing: a culpable mental state used when a person is aware of the nature of his conduct or when he is aware that his conduct is reasonably certain to cause the result.
Lack of Responsibility: an affirmative defense to prosecution where the child, as a result of mental illness or mental retardation, lacks substantial capacity either to appreciate the wrongfulness of the child’s conduct or to conform the child’s conduct to the law. This is similar to an adult insanity defense and focuses upon the child’s mental state at the time of the offense.
Law of Parties: a body of law referring to criminal responsibility for a person’s own conduct as well as the conduct of others for which he is criminally responsible. A person is criminally responsible for another’s conduct if he causes or aids another to engage in the conduct; he promotes or assists another by soliciting, encouraging, directing, aiding, or attempting to aid another to engage in the conduct; or by failing to prevent the commission of an offense where he had a legal duty to prevent the commission of the offense. Also referred to as co-respondents or co-conspirators.
Miranda Rights: a set of warnings given by police or a judge prior to questioning or interrogation: “You have the right to remain silent, anything you say can and probably will be used against you at your trial, you have the right to have a lawyer present before and during any questioning, if you cannot afford a lawyer one will be appointed to represent you, and you have the right to terminate this interview at any time.”
Misdemeanor: an offense, if committed by an adult, that would be punishable by fine, confinement in jail, or both.
Modification: a hearing to determine whether or not to modify or change a previous disposition. Most dispositions (punishments) can be modified or changed to be less severe/restrictive or more severe.
Peace Officer: person elected, employed, or appointed as a peace officer pursuant to the law. Examples include sheriffs, deputies, constables, marshals, police officers, rangers, troopers, school police officers, and some investigators.
Perjury: generally, making a false statement under oath.
Petition: a written statement filed with the court charging the respondent with an offense and seeking disposition.
Plea-Bargain: a negotiated agreement for a particular sentence or reduction in charges in exchange for a plea of true to the allegations. The plea-bargain is negotiated between the child’s lawyer and the prosecutor, but the child must agree to it before it will be accepted by the judge. Most cases are resolved by plea-bargain.
Plead: admit guilt for an offense (plead true) or deny guilt for an offense (plead not true).
Presumption of Innocence: an assumption of fact resulting from our constitution. All persons are presumed innocent, and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. An assumption that those accused of criminal activity (or delinquent conduct) are in fact innocent, unless and until their guilt is established beyond a reasonable doubt (the highest burden in our legal system).
Probable Cause: a level of proof, higher than reasonable suspicion, where the existence of facts, circumstances, or evidence would lead a reasonable person to believe that a crime has been, is being, or will be committed and the person being arrested is responsible for the crime, or facts that would lead a reasonable person to believe that property subject to seizure (evidence of a crime, instruments of a crime, contraband) is present in a designated location to be searched.
Probation: a form of community supervision where a sentence is probated; the child is placed under the supervision of the probation department to perform community service, attend rehabilitative classes, etc.
Proof Beyond a Reasonable Doubt: the highest level of proof which is required to render a criminal conviction or a juvenile adjudication. Generally proof of such a convincing character that you would be willing to rely and act upon it in the most important of your own affairs.
Prosecutor: a representative of the state charged with representing the state in juvenile matters. Their primary duty is not to convict (adjudicate) but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. Can also be called District Attorney, D.A., County Attorney, or State Attorney.
Reasonable Suspicion: the lowest level of proof used in the criminal system where facts or circumstances would lead a reasonable person to suspect that a crime has been, is being, or will be committed.
Reckless: a culpable mental state used when a person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Sealing of Records: the right to have juvenile records placed under seal and removed from databases for a juvenile who has been rehabilitated. Gives a juvenile an opportunity to place delinquent conduct behind him or her without a record.
Search Warrant: written order issued by a magistrate or judge directed to a peace officer ordering him to search for any property or thing and to seize (take) the property or thing and bring it before the magistrate.
Service: a process where a sheriff or constable, generally, delivers a copy of the petition to the respondent.
Status Offense: conduct which would not be criminal if committed by an adult; examples include truancy, curfew violations, running away. Conduct that is regulated because of the child’s age.
Statute of Limitations: generally the time period beginning on the date of the commission of an offense in which a petition must be presented to a court for prosecution. Once that time period expires, a prosecution may not be had. Misdemeanors have a two year statute of limitations. Felonies have statutes of limitations that range from three years to 28 years and include “no limits” for some serious offenses.
Subpoena: a court order, usually directed to a person, to personally appear before the court at a designated time or to appear and provide documents or objects.
Transfer Hearing: see Certification
Trial: a process where a judge or jury hears the facts of a case, as presented through witnesses and evidence, according to established rules and procedures for the purpose of determining delinquent conduct and disposition, if necessary.
Texas Youth Commission (TYC): the equivalent of a prison system for juvenile offenders. TYC is comprised of many units with varying rehabilitation programs, but each unit is a lock-up facility operated by the state.
Waiver of Jurisdiction: see Certification
Warrant: a legal document signed by a magistrate or judge explaining probable cause to take a person into custody or search a particular location. Can be a custodial warrant, a search warrant, or both.
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