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Commonly Asked Questions about Juvenile Court Documents

When a juvenile is charged with an act which would constitute a crime if committed by an adult, the due process clause also requires proof beyond a reasonable doubt. In re Winship, 397 U.S. 358 (1970). The Federal Rules of Evidence appear to apply to juvenile proceedings.
Proof Beyond a Reasonable Doubt The U.S. Supreme Court has ruled that if a juvenile faces possible incarceration or adjudication as a delinquent, the state must prove the charges beyond a reasonable doubt. (In re Winship, 397 U.S. 358 (1970).)
Wisconsin Statute 938, allows certain persons access to juvenile records without obtaining a court order. While generally referenced below, additional requirements may apply to the various exceptions. Any person, agency, business or insurance company requesting a juvenile record must do so in writing.
About Standards of ProofFinally, although many state and tribal juvenile proceedings are classified as civil in nature, the U.S. Supreme Court, post-Gault, has required that the highest standard of proof be applied in state juvenile proceedingsproof beyond a reasonable doubt.
Persons seeking access to and/or photocopies of Juvenile records under WIC 827 or local rule must complete forms JUV-004 and JUV-237. Others must complete and file a Petition for Access to Juvenile Case File (JC Form # JV-570PDF) to receive photocopies of dependency records.
If the juvenile may be adjudicated delinquent or sentenced to incarceration, the prosecution has the burden of proving the charges beyond a reasonable doubt. In other situations, the prosecution has the burden of proving the charges by the preponderance of the evidence.
In 1970, the Supreme Court raised the standard of proof necessary in juvenile court to that required in adult criminal court. In in re Winship (397 U.S. 358), the Court required that juveniles charged with criminal acts be proved beyond a reasonable doubt to have committed them.
What Happens at the Adjudication Hearing? Just like a criminal trial, the burden of proof is on the prosecutor to prove that the allegations against the minor are true beyond a reasonable doubt. The prosecution will present evidence and witnesses that support their theory of the case.