Montana Youth Courts
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Montana Youth Courts
Montana Youth Courts are courts of law in the U.S. state of Montana which have jurisdiction over any minor charged with violating any state law or city and county city ordinance, except for fish and game ordinance violations and traffic violations. Appeals from Youth Courts are made directly to the Montana Supreme Court. Authority and jurisdiction Montana Youth Courts were established by the Montana Youth Court Act of 1974 and today are part of the Montana District Courts. Each of the state's 22 judicial districts has a youth court. In judicial districts where there is only a single District Court Judge, this judge acts as the Youth Court Judge. In a judicial district where there is more than one District Court Judge, the judges select one of their members to act as Youth Court Judge. Selection may rotate among judges in a multi-judge district, but generally only the judge with the most experience in Youth Court is selected. In multi-county districts, the duties of the Youth Court ...
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Court Of Law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ...
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Montana Inferior Courts
Inferior courts in Montana, also known as courts of limited jurisdiction, refer to those courts of law, established by the Constitution of Montana or authorized by law, with limited jurisdictions. These courts consist of City Courts, Justice Courts, and Municipal Courts. Inferior courts may be courts of record (in that a transcript of all proceedings is made), or they may not. Appeals from inferior courts are made to Montana District Courts. Constitutional authority Montana has had two constitutions in its history, both of which have authorized inferior courts. The constitution of 1889 explicitly authorized the creation of justice courts (and justices of the peace), police courts (and police magistrates), and municipal courts. None of these courts were courts of record. Justices of the peace were to be elected, but the constitution left it up to the legislature to decide how police magistrates and municipal court judges were to be named. All three courts had very limited jurisdi ...
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Montana State Courts
Montana () is a U.S. state, state in the Mountain states, Mountain West List of regions of the United States#Census Bureau-designated regions and divisions, division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Provinces and territories of Canada, Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the List of U.S. states and territories by area, fourth-largest state by area, the List of U.S. states and territories by population, eighth-least populous state, and the List of U.S. states and territories by population density, third-least densely populated state. Its state capital is Helena, Montana, Helena. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. Montana has no official nickname but several ...
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Courts Of Montana
Courts of Montana refers to courts of law in the U.S. state of Montana. They include: ;State courts of Montana *Montana Supreme Court ** Montana District Courts (56 courts, 22 judicial districts) *** Montana Justice CourtsMontana Courts of Limited Jurisdiction
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*** Montana City Courts *** Montana Municipal Courts ** Montana Youth Courts, Generally assigned to District Court Judges, cases appealed to the Montana Supreme Cou ...
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Office Of Juvenile Justice And Delinquency Prevention
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) is an office of the United States Department of Justice and a component of the Office of Justice Programs. The OJJDP publishes the JRFC Databook on even numbered years for information on youth detention. OJJDP sponsors research, program, and training initiatives; develops priorities and goals and sets policies to guide federal juvenile justice issues. OJJDP also disseminates information about juvenile justice issues and awards funds to states to support local programming nationwide through the office's five organizational components. The office cooperates with other federal agencies on special projects. For example, it formed the National Gang Center along with the Office of Justice Programs (OJP) and the Bureau of Justice Assistance (BJA). The OJJDP has the National Youth Gang Center linked through the National Gang Center. OJJDP, a component of the Office of Justice Programs (OJP), supports states, local communi ...
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Deferred Prosecution
A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a deferred-prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms, and fully cooperate with the investigation. Fulfillment of the specified requirements will then result in dismissal of the charges. United States Since 1999, the United States Department of Justice (DOJ) has set forth guidelines concerning the prosecution of business organizations and corporations. The United States Attorneys' Manual (USAM) of the DOJ allows consideration of non-prosecution or deferred prosecution of corporate criminal offenses because of collateral consequences and discusses plea agreements, deferred prosecution agreements, and non-p ...
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Concurrent Jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them. United States In the United States, concurrent jurisdiction exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, when a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either federal court (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant). Concurrent jurisdiction may also be created where the United States Congress, in creating a cause of action, permits the courts of the states to hear cases alleging that cause of action. For example, a state court may hear ...
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Parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ''parole'' ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Modern development Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for event ...
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Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the eighth-least populous state, and the third-least densely populated state. Its state capital is Helena. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and " The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health ca ...
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Probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer might be ordere ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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