Are there any special considerations in criminal defense cases involving juveniles?
In Massachusetts, juveniles charged with a criminal offense are treated differently than adults and have to navigate a criminal justice system with special considerations. In juvenile criminal cases, a juvenile is typically not entitled to a jury trial and may not be held to the same standard of proof that applies to adults. Instead, juvenile delinquency cases are heard before a judge and require a lower standard of proof, such as a preponderance of the evidence. Additionally, most juvenile cases are privileged from public disclosure, meaning that the public does not have access to the records. This is important for juveniles who are going through the criminal justice system—they have the right to privacy. In cases involving juveniles, they may have the right to be represented by a lawyer. Generally, juveniles are entitled to have a parent present throughout the entire process, including court appearances. In addition to the special considerations that juveniles have in criminal defense cases, the court’s focus is often different than in adult cases. Whereas adult criminal cases are often focused on punishment, juvenile cases are more focused on rehabilitation, and so the treatment of and sanctions for juvenile delinquents are much different. Overall, juvenile criminal defense cases involve many special considerations, and it is always important to consult an attorney to make sure all rights have been met and all considerations have been taken into account.
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