Understanding Juvenile Disposition Hearings

Law Blog

Kids who have committed crime are treated differently from adult criminal suspects. Juvenile courts usually try their level best to ensure that their decisions are geared towards rehabilitating, and not punishing, children offenders. That is why juvenile courts hold disposition hearings, which are meant to determine the best form of treatment for a convicted juvenile offender.

Here are some of the questions that the juvenile disposition hearing will seek to answer:

Is Detention Necessary

The law recognizes that child offenders don't necessarily have to be incarcerated. Those that must be incarcerated are sent to juvenile detention centers for the duration of their sentences. In most cases, only those convicted of serious crimes, such as manslaughter, are taken to detention centers. Therefore, one aim of the disposition hearing is to determine whether the child should be taken to juvenile detention or they can be sentenced to alternative punishment.

Which Alternative Sentence Should the Child Face?

For juvenile convicts who have escaped detention, the court also has to determine (during the disposition hearing) the appropriate alternative punishment. Examples of alternative punishments for a minor offender include these five:

• Probation
• House arrest
• Placement with another responsible adult
• Suspended sentence
• Community service

Does the Child Need Special Help?

Courts recognize that some minors have problems that "force" them into crime, and they can become responsible citizens if they get help to overcome these problems. For example, those who are addicted to drugs can go to great lengths to get their daily fixes, and those lengths may include criminal activities. For these reasons, minor offenders who need special help to overcome their difficulties are accorded the chance, and the decision is made during the disposition hearing. For example, the court may determine that it is more beneficial to send a juvenile drug offender to a rehabilitation facility than it is to send them to a detention center.

In order to make the above decisions, the court has to consider a number of factors such as:

• Laws on Juvenile Crimes –  For example, if a certain crime attracts mandatory detention period, the judge must take that into consideration during the disposition.
• The offender's criminal history – Those who have a history of crime are less likely to receive favorable determinations compared to first-time offenders.
• Nature of the crime – As you would expect, serious crimes attract harsher determinations than relatively minor crimes.

As you can see, the disposition hearing is important for your child's future if they have been charged with or convicted of a crime. Therefore, you need to take it seriously to ensure the best outcome for your kid. The good news is that your kid's ​criminal law attorney is allowed to be present during the hearing, and they can argue for the determinations that would benefit the child best. 

6 June 2017