Juvenile Crimes, Evidence at Disposition Hearing
After the judge finds jurisdiction, he or she must hear evidence on the most appropriate disposition for the child. To reach a decision the judge must consider the probation officer's social study and other evidence that may be offered. Other evidence includes evidence offered by the probation officer, the minor, or the parent or guardian of the minor. Hearsay evidence is admissible at the hearing. The judge may consider written or oral statements offered by a victim, a parent or guardian of a victim if the victim is a minor. If the victim is incapacitated or has died, the court may consider statements from the victim's next of kin. With regard to the question of granting probation or whether there are circumstances in aggravation the judge may consider information collected by law enforcement. The court may on its own motion require production of other evidence. In a dispositional order, the judge must state that the social study has been read and considered by the court along with the other evidence. The court must consider the widest range of information in determining the best way to rehabilitate the juvenile. The judge must receive and consider a social study report that is current before the court may make a disposition of the child's case.
Contact Christine McGuire, Santa Cruz Criminal Defense Attorney/Lawyer, Former Prosecutor over 25 years