Alaska Court System Self-Help

A

Abeyance

When the judge decides to delay a consequence to let the juvenile meet some conditions over a period of time up to 1 year, like paying restitution or staying out of trouble. If the juvenile meets the conditions, the court may dismiss the case or put the juvenile in a diversion program.

Adjudication

A juvenile court proceeding where a judge decides whether a juvenile committed a crime which means he or she is delinquent. If the judge finds a juvenile delinquent, the court decides whether the juvenile needs programs, supervision, or institutionalization.

Appeal

The legal procedure to ask a higher court to review the decision of a lower court.

Arraignment

The first appearance in court where the judge tells the juvenile what crime he or she is accused of committing, and explains their rights in court.

B

Bail

A set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process.

Beyond a Reasonable Doubt

The standard that the prosecutor must meet when presenting evidence in a juvenile delinquency adjudication hearing. It means that no other logical explanation can result from the evidence except that the juvenile committed the crime. If the prosecutor shows that the juvenile committed the crime beyond a reasonable doubt, it overcomes the presumption that a juvenile is innocent until proven guilty.

C

Community work service

As part of a sentence, a judge may order a juvenile to do a certain number of hours of volunteer work for a community or government organization.

Conditions of conduct and conditions of release

Conditions are requirements the judge sets for a juvenile to stay in the community and not be in detention. The juvenile must follow the conditions; if not, the juvenile will go to detention until the case is decided.

Custody

When a person is taken to jail or arrested by police, it is called “in custody.” The court may release a juvenile to the custody of a responsible third person before trial. It may also a juvenile stay in the custody of a parent or guardian during proceedings and after disposition.

D

Delinquency or delinquent

A formal finding by a court that a juvenile has committed a crime and should be subject to state supervision.

Detention

When a juvenile accused of committing a crime is confined while waiting for juvenile delinquency proceedings.

Disposition

In juvenile cases when the juvenile is found to be delinquent, disposition is the phase when the judge decides the consequences such as whether the juvenile needs programs, supervision, or institutionalization.

Diversion

An informal process to divert youth from the formal court process before it is started to participate in activities such as community work service, restitution, counseling, classes, or youth court. Has the same definition as “informal adjustment”

Division of Juvenile Justice (DJJ)

Part of the Department of Health and Social Services that handles most criminal cases and some civil matters involving juveniles. When a juvenile commits a crime, DJJ assigns a juvenile probation officer to the case.

E

Evidence

Information offered to the court or jury to prove something which is usually either spoken as testimony from a witness or a physical item like a photo, video, a weapon or documents.

F

Felony

In Alaska any criminal offense that carries a possible sentence of one year or more in jail.

Fine

A sum of money paid as a form of punishment.

G

Guardian ad litem

A person appointed by the court to represent the rights of a child in a legal matter. In a juvenile delinquency case, the GAL advocates for the juvenile’s best interests.

Guilty

A plea accepting guilt, or a verdict from a judge or jury that the prosecution has met its burden of proof.

H

I

Informal adjustment

Out-of-court process used when a probation officer decides there is enough evidence to prove the juvenile committed the crime, but it would serve the best interests of the community and the juvenile not to prosecute. An informal adjustment can require conditions such as paying restitution, counseling, community work service, a diversion program or youth court.

Informal probation

This is a separate process, more like diversion, with a written contract with the family where the minor participates in diversion activities and regular supervision to avoid being referred to formal court.

Institutionalize

When the court orders the minor to a DJJ treatment facility for up to 2 years for treatment and incarceration. Detention happens pre-adjudication and is reviewed by the court every 30 days.

J

Judge

A public official appointed to hear and decide cases in a court of law.

Jury

A group of citizens who consider the evidence presented to them in an adjudication hearing to determine whether a juvenile is delinquent. A juvenile has the right to have a jury in an adjudication hearing if he or she wants. Otherwise the adjudication hearing will be before only a judge.

Juvenile

A person under 18 years old who is accused of committing a crime that is being handled in the juvenile justice system , unless the case is moved into adult court.

Juvenile delinquency

When a person under 18 is accused of a crime, he or she usually enters the juvenile justice system. These are called juvenile delinquency cases.

Juvenile justice system

Legal system that handles cases involving youth under 18 who are accused of committing a crime.

K

L

M

Magistrate judge

Judicial officer who may preside over juvenile court hearings.

Mediation

An informal, voluntary and confidential way to resolve disagreements without giving the decision-making power to someone else, like a judge. A neutral person, called the mediator, helps people reach agreements.

N

O

Offender

A person convicted of a crime.

Offense

The violation of any criminal law.

P

Petition

A document the juvenile probation officer or prosecutor files in juvenile court that states the offense the juvenile is accused of committing, and the evidence that makes police or investigators believe he or she committed that offense. If the judge agrees that there is probable cause to support the petition, then the judge will begin juvenile delinquency proceedings.

Plea

The defendant's response to the prosecution’s charges. A defendant may plead guilty or not guilty.

Probable cause

Reasonable basis for believing that a crime may have been committed.

Probation

After going through an adjudication hearing, the judge and probation officer may find it best for the juvenile to be in the community on conditions of probation under the supervision of a probation officer. During probation, the juvenile must follow all conditions that can include paying restitution to the victim, going to counseling or treatment, doing community work service. Probation can last up to 1 year.

Probation Officer

Specialized probation officers who supervise youth who have been accused or convicted of crimes and are subsequently placed on probation. Juvenile probation officers work closely with law enforcement, social services, schools, and parents to help juveniles become successful. They decide how to move forward to address the situation at the start of the case. They may also be involved if the judge decides a youth is delinquent and orders probation at the end of the case. They work for the Division of Juvenile Justice, part of the Department of Health and Social Services.

Prosecutor

A government attorney who represents the citizens’ interests in criminal cases. The prosecutor charges crimes, takes cases to trial or negotiates pleas, makes recommendations at sentencing, and handles appeals.

Q

R

Rehabilitation

An attempt to keep an offender from committing future crimes. Rehabilitation often includes drug and alcohol treatment, education, counseling, finding and keeping a job, and understanding the effect of the crime on the victim.

Restitution

A judge can make the defendant pay the victim of the crime for any money spent or lost because of the crime, including medical and counseling costs, lost wages, and lost or damaged property.

Review Hearing

Hearing to ask the judge to change a placement if the juvenile’s circumstances have changed after being adjudicated as delinquent.

S

Status Hearing

Hearings about routine things like scheduling court dates and understanding if the lawyers are ready or need more time to prepare.

T

Treatment

Programs designed to help the juvenile address their behavior, build value systems reflective of the local culture, and restore victims and the community to the fullest degree possible.

U

V

Verdict

The formal conclusion of a judge or jury, deciding whether the prosecution has proven that the defendant is guilty of the crime.

W

Witnesses

People who testify at a court proceeding to provide evidence about something.

X

Y

Youth Court

Alternative juvenile justice system for youths in grades 7-12 who are accused of breaking the law to be judged by their peers. Students serve as defense attorneys, prosecutors, and judges in cases involving their peers. Defendants can resolve their legal problems without receiving a formal juvenile record by participating in a court hearing by trained local youth.

Z