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Juvenile Sentencing Laws

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What factors do you consider to be most important in the creation of juvenile sentencing law?

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Solution Summary

The most important factors related to the creation of the juvenile sentencing law.

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The most important factors in the creation of the juvenile sentencing law is what information is kept private, what is not and what information will follow them to adulthood.

Here is information regarding all of that.

DELINQUENCY HEARINGS
*

n most cases juvenile court proceedings are only open to the parties involved in the incident which brought the parties to court. Those parties include: the minor who is the respondent in the matter; lawyers, and witnesses for the defense and prosecution; persons accompanying the minor for assistance; the victim, the victim's lawyer, and persons accompanying the victim for assistance; and any other persons that the court finds has a proper interest in the case1.

The general public, however, will not be excluded from juvenile court hearings under the following circumstances:
* the delinquency petition concerns a minor 14 years or older who has been accused of conduct that would be considered a felony if committed by an adult
* the delinquency petition concerns a minor 12 years or older who has been accused of one of the following offenses:
o murder
o voluntary manslaughter
o aggravated assault
o arson
o involuntary deviate sexual intercourse
o kidnapping
o rape
o robbery
o robbery of a motor vehicle

* attempt or conspiracy to commit any of the above offenses

In any of the above circumstances, however, the minor (through his lawyer) and district attorney can agree that the proceedings be closed to the public. In addition, during disposition the judge has the power to decide whether to maintain confidentiality of documents generated by a juvenile facility including mental health or medical documents or juvenile probation reports.

CONFIDENTIALITY OF COURT PROCEEDINGS AND RECORDS
Court records concerning delinquency proceedings are, as a general matter, confidential. However, the following people may have access to some of the information contained in the court records.

# Judges, officers, and the professional staff of the court.
# Other parties to the delinquency proceedings and their lawyers. (A party to the proceeding includes the child, any victims, the district attorney and any involved service providers.)
# Any agency or institution ...

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