Archive

• The Court’s Obligation to Determine Disposition in a Delinquency Matter

  This entry was contributed by Jacquelyn Greene on June 25, 2024 at 10:28 am and is filed under Juvenile Justice, Juvenile Law.

  Is the court bound to order a certain disposition in a delinquency matter when the juvenile and the prosecutor agree to that disposition as part of an agreement? The short answer is no. The Juvenile Code requires the court to engage in certain procedures, to consider certain factors, and to order disposition in accord with certain parameters when developing and ordering a delinquency disposition. The mandates on the court cannot be delegated to the parties and they are not optional. This post describes these mandates and explores the implications for dispositional outcomes that are agreed upon by the juvenile and the prosecutor. Continue Reading

• Determining Disposition Level in Delinquency Cases

  This entry was contributed by Jacquelyn Greene on April 25, 2023 at 9:29 am and is filed under Juvenile Justice, Juvenile Law, Uncategorized.

  Determination of the correct disposition level available in a delinquency case requires a four-step process.

  1. Identify the offense for which disposition is being entered (hereinafter referred to as the “disposition offense”).
  2. Identify the offense classification for the disposition offense.
  3. Calculate the juvenile’s delinquency history level.
  4. Use the disposition chart to identify the corresponding level or levels for the case.

  Continue Reading

• What Adjudications Count When Determining a Juvenile’s Delinquency History Level

  This entry was contributed by LaToya Powell on June 3, 2015 at 5:00 am and is filed under Juvenile Justice.

  One of the most important factors affecting a juvenile court disposition is the juvenile’s delinquency history level, which in turn depends primarily on the juvenile’s prior delinquency adjudications. The delinquency history level (low, medium, or high), combined with the classification of the current offense, determines which dispositional alternatives are available in a particular case. G.S. 7B-2508. The higher the delinquency history level, the greater the consequences for the juvenile. Obviously, it’s important for the court to get it right. Based on recent advising requests, there is some confusion about what counts as a prior adjudication and what happens when there are multiple adjudications before the court. A recent appellate decision addressed one of these questions. Here’s a breakdown of the case, as well as new legislation in response, which will change the analysis.

  Continue Reading