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Arrest Sentence For Kid In Illinois
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US-000280
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The 1970 Supreme Court case, In re Winship, ruled on the standard of proof that applies in juvenile court cases. The case holding was that if a minor is charged with conduct that would be considered criminal if committed by an adult, the accused has the right to have their guilt proved beyond a reasonable doubt.
In 1970, the Supreme Court raised the standard of proof necessary in juvenile court to that required in adult criminal court. In in re Winship (397 U.S. 358), the Court required that juveniles charged with criminal acts be proved “beyond a reasonable doubt” to have committed them.
The statute also establishes factors a judge may take into consideration when sentencing a person under 18, including maturity, presence of a developmental disability, home environment, trauma, prior criminal activity (if any) and potential for rehabilitation.
(e) When a minor who is at least 15 years of age is prosecuted under the criminal laws of this State, the court may enter an order directing that the juvenile be confined in the county jail.
Appeals of Sentencing for Juvenile Offenders Like adults, juveniles have the right to appeal a judge's sentencing or disposition orders. (Sentencing is usually called “disposition orders” in juvenile court.)
Since 1970, the standard of proof in juvenile court is preponderance of the evidence. One of the differences between juvenile courts and adult courts is that juveniles are "adjudicated delinquent" instead of "found guilty."
If the juvenile is between 12-16 years old, they can be held for: 12 hours for a non-violent crime, or. Up to 24 hours for a violent crime.
A juvenile may be arrested on a warrant issued on either a complaint or a juvenile information. When arrest is unnecessary, the court may be asked to issue a summons on the complaint or information.
The statute also establishes factors a judge may take into consideration when sentencing a person under 18, including maturity, presence of a developmental disability, home environment, trauma, prior criminal activity (if any) and potential for rehabilitation.