What is the difference between civil and criminal cases for juvenile offenders?
The difference between civil and criminal cases for juvenile offenders in California is significant. In a criminal case, a juvenile offender is charged with breaking a law and could face punishment, such as probation or incarceration, if found guilty. In a civil case, a juvenile is often seeking compensation for a wrong committed against them, such as injury or damages caused. In criminal court, the burden of proof lies with the prosecuting attorney, who must show beyond a reasonable doubt that the juvenile committed the crime. In civil court, the burden of proof is on the plaintiff, who must show by a preponderance of the evidence that the defendant is liable for the damages. In criminal cases, juveniles may be tried in an adult or juvenile court. In juvenile court, the proceedings are less formal, and the juvenile is allowed certain protections that are not available in adult court. For example, juvenile proceedings are typically closed to the public, and records are typically sealed. In adult court, the proceedings are more formal, and records are available for public viewing. In both criminal and civil cases, juveniles have the right to legal counsel. In criminal court, juveniles can be assigned a public defender if their parents cannot afford an attorney. In civil court, juveniles are allowed to hire an attorney of their own choosing, if their parents can afford it. The juvenile justice system in California is designed to protect juveniles and ensure that they are not treated too harshly. It is important to understand the differences between civil and criminal cases and the rights that juveniles have in each.
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