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A juvenile delinquent is a child over
seven and less than 16 years of age who, having committed an
act that would constitute a crime if committed by an adult,
is not criminally responsible for such conduct because of his
or her age or is a defendant in an action ordered removed from
a criminal court to the family court pursuant to the criminal
procedure law.
The purpose of a juvenile
delinquency proceeding is to determine (1) whether a person
is a juvenile delinquent and (2) to issue an appropriate order
of disposition. In rendering a disposition, the court
must consider the needs and best interests of the juvenile as
well as the need for protection of the community.
Juveniles have many
of the rights associated with other courts, including the right
to a speedy trial and the right to counsel. Juveniles
do not, however, have the right to a jury trial.
The court can conditionally
discharge the juvenile, place the juvenile on probation, or
place the juvenile in his or her own home or in the custody
of a suitable relative or private person or a state or local
agency. If the juvenile has committed a felony, he can
be placed up to 18 months, which placement can be extended from
year to year until the juvenile's 18th birthday.
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