ORS 419C.400 - Conduct of hearings

ORS 419C.400
Conduct of hearings

(1)

The hearing shall be held by the court without a jury and may be continued from time to time.

(2)

The facts alleged in the petition showing the youth to be within the jurisdiction of the court as provided in ORS 419C.005 (Jurisdiction), unless admitted, must be established beyond a reasonable doubt.

(3)

If the youth files written notice of intent to rely on the defense set forth in ORS 419C.522 (Qualifying mental disorder as affirmative defense), the youth has the burden of proving the defense by a preponderance of the evidence.

(4)

For the purpose of determining proper disposition of the youth, testimony, reports or other material relating to the youth’s mental, physical and social history and prognosis may be received by the court without regard to their competency or relevancy under the rules of evidence.

(5)

An adjudication by a juvenile court that a youth is within its jurisdiction is not a conviction of a crime or offense. [1993 c.33 §223; 1993 c.546 §87; 2005 c.843 §9]

Notes of Decisions

ORCP 51D, allowing advisory jury in actions not triable to jury, does not apply to juvenile delinquency proceedings. State ex rel Upham v. McElligott, 326 Or 547, 956 P2d 179 (1998)

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Juvenile Code: Delinquency

ORS 419C.400
Conduct of hearings

(1)

(2)

(3)

(4)

(5)

Notes of Decisions

Source

Juvenile Code: Delinquency

ORS 419C.400 Conduct of hearings

(1)

(2)

(3)

(4)

(5)

Notes of Decisions

Source

ORS 419C.400
Conduct of hearings