JUVENILE & FORFEITURE ACTIONS

What rights must be given to a child during trial of a delinquency proceeding?

(1) Written notice of charges, (2) Assistance of counsel, (3) Opportunity to confront and cross-examine witnesses, (4) The right not to testify, and (5) The right to have guilt established by proof beyond a reasonable doubt

Is there a right to trial by jury in a delinquency proceeding?

NO

When is pretrial detention of a juvenile allowed?

Where it is found that they are a serious risk to society and the detention is for a strictly limited time before trial may be held

When does double jeopardy apply in a juvenile proceeding?

If the juvenile court adjudicates a child a delinquent, then double jeopardy prevents the child from being tried as an adult for the same behavior

What are forfeiture actions?

Actions brought directly against property

Pre-Seizure Notice and Hearing – Personal Property

The owner of personal property is not entitled to notice and a hearing before the property is seized, but a hearing is required before final forfeiture

Pre-Seizure and Notice Hearing – Real Property

Where real property is seized, notice and an opportunity to be heard are required before the seizure of the real property unless the government can prove that exigent circumstances justify immediate seizure

Are civil forfeitures subject to the 8th Amendment Excessive Fines Clause?

NO

When is a penal forfeiture considered excessive under the 8th Amendment?

If it is grossly disproportionate to the gravity of the offense

Is there an innocent owner defense for forfeiture actions?

NO