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Glossary of Terms in the Juvenile Justice System

Provided by the Indiana Juvenile Justice Task Force, Inc.; exceptions noted.

 

Office of Juvenile Justice and Delinquency Prevention (OJJDP): Federal office in the Justice Department that is responsible for establishing and carrying out national policy regarding juvenile justice issues. There are four core roles in the enabling legislation, known as the Juvenile Justice and Delinquency Prevention Act (JJDPA): removal of youth from adult jails; sight and sound separation of youth from adults in custody; removal of status offenders from detention and incarceration facilities; study of the causes and remedies for disproportionate contact and confinement of racial and ethnic minority youth.

Valid Court Order Exception (VCOE): The specific exception in the JJDPA which allows the detention or incarceration of a youth who has committed a status offense, should the youth have subsequently violated a valid order from the court of jurisdiction.

Status Offense: A delinquent offense which would not be an offense if it had been committed by an adult. The most common examples are: runaway, truancy, incorrigibility, and being a minor in possession of alcohol.

Crime Delinquent Offense (entry modified by LWVIN): An act, committed by a minor, that would be criminal if committed by an adult. Many court orders contain language describing the crime delinquent offense as being equivalent to a particular misdemeanor or felony offense committed by an adult.

Detention: A short-term secure confinement remedy to protect public safety while a youth is awaiting further hearings. Detention is to be used when the crime delinquent offense alleged to have been committed by the youth is of such a nature that public safety is threatened by the youth’s release, or when the youth requests detention out of fear for his or her own safety, or when the youth presents a flight risk for appearing at a subsequent hearing, or when no parent or guardian can be found, and other placement is not appropriate.

Incarceration: Secure confinement subsequent to an adjudication hearing, whereby the youth has been remanded to a state-run facility for longer-term rehabilitation than can be accomplished in detention or in the community, or in the case where the youth has been found to have committed a serious, violent or heinous act and the court finds that secure confinement is necessary and appropriate.

Detention Hearing: A court proceeding whereby it is determined as to whether a youth should be held in secure confinement in a detention center prior to the fact-finding or adjudicatory hearing.

Adjudicatory Hearing (also may be Dispositional Hearing): A court proceeding wherein evidence is presented as to the nature and level of the crime delinquent offense that a youth is alleged to have committed. Subsequent to the adjudicatory hearing, the disposition of the youth is determined.    

Indiana Department of Correction (IDOC or DOC): The executive branch agency which is responsible for the secure confinement of youth and adults who have been remanded to institutional care by the courts. In Indiana, DOC operates low, medium, and moderate security facilities for adults, and six facilities for youth, with one facility designated for the highest risk offenders.

No Right to Bail or Bond: Since juveniles are not considered to have committed a crime, but rather they commit crime delinquent acts, the courts have upheld that juveniles have no right to bail or bond when arrested. Adults may be granted bail or bond as a surety bond that they will appear for subsequent hearings, unless the prosecutor presents evidence that the person is a flight risk or a danger to the community. In place of bail or bond, juveniles are entitled to a detention hearing where it is determined where they may be placed until subsequent hearings.

No Right to a Trial by Jury: Since juvenile court proceedings are not criminal proceedings, juveniles are not entitled to a trial by jury. Rather, in a dispositional or adjudicatory hearing, evidence is presented in order to determine a finding.

Finding: Since juveniles are not arrested for crimes, but rather crime delinquent acts, in court proceedings they are not found “Guilty” or “Not Guilty.” Rather, the court determines a Finding, which may be a “True Finding” or “Not a True Finding.” The disposition of a case will then be based on the Finding of the court.

In re: Gault (U.S. Supreme Court, 1967): A landmark case which established that, even though juveniles were not considered to have committed crimes, they did not give up certain basic constitutional rights when appearing in court for crime delinquency proceedings. For example, juveniles are entitled to be represented by counsel, to continue to be educated while in custody, and to have their rights to other services be established.

Reentry, or Aftercare: The terms refer to the services that are provided to youth subsequent to their discharge from a juvenile facility, and upon their return to their home communities.

Indiana Criminal Justice Institute (ICJI or CJI): The executive branch agency of the Indiana state government that was established to fulfill the functions required by various federal programs and statutes, including the provisions of the Juvenile Justice and Delinquency Prevention Act, and the federal funds that pass through to the state to provide support for juvenile justice activities on the state and local levels.

Indiana Judicial Center (entry added by LWVIN): The staff agency of the Judicial Conference. It was created by statute. The legislature charges the Judicial Conference with promoting an exchange of experience and suggestions regarding the operation of Indiana’s judicial system. The Conference promotes a better understanding of the judiciary, promotes continuing education of judges, probation officers, and other court personnel, assists local courts in developing and improving probation services, administers the interstate compacts for probationers, administers the Court Alcohol and Drug Services programs, and provides oversight of Indiana’s Drug Courts. The Judicial Center serves the Judicial Conference by carrying out these functions on its behalf. In addition, the Judicial Center carries out other functions as assigned by the Board of Directors of the Judicial Conference, the Chief Justice, and the Supreme Court. The chief executive officer of the Judicial Center is the Executive Director.

Petition of Records (entry added by LWVIN): A formal written application requesting a court for a specific judicial action. (In this case the expunging of a juvenile record of a status offense.)

Best Practice (entry added by LWVIN): A technique or methodology that, through experience and research, has been proven to reliably lead to a desired result.

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