According to Legal Match, an adult disposition hearing is when a judge in a criminal case determines the punishment for the guilty party if he is convicted in the hearing or a court. The process usually only happens in juvenile court cases, but it happens in adult court cases as well. It is similar to the sentencing section of most court cases.Continue Reading
In an adult disposition hearing, both the defense and prosecution present evidence and legal arguments to the judge to help the judge decide the best course of action to punish the offender, Legal Match says. The reason why this usually only happens in juvenile courts is because the court wants to focus more on rehabilitation for young offenders than simply punishment for the crime.
Legal Match says the sentence could include community service, mandatory counseling or house arrest. The punishments typically are alternative to jail or prison time. The judge also takes into consideration the offender's history and criminal record to decide whether he poses a threat to society.
An individual is not necessarily guilty when a case is brought to a disposition hearing, Legal Match says. The purpose of the hearing is to hear evidence from both sides of the case so the judge can decide whether the defendant is guilty and, if so, what punishment best fits the crime.Learn more about Crime
A dispositional hearing in adult criminal court is a hearing at which a plea is entered on the record before the judge. A dispositional hearing in a civil case is usually set when the parties have a proposed agreement and want to settle the case without going to trial. In both cases, the judge must rule on the proposed case disposition, as explained by the the United States District Court for the District of Colorado.Full Answer >
At a revocation hearing, the judge determines whether or not the defendant admits guilt or pleas innocent to violating their parole or probation. This is legally termed the preliminary revocation hearing.Full Answer >
At a felony sentencing hearing, the judge takes input from the prosecution, the defense attorney and the defendant, says Nolo. The victim of the crime also can speak or make any views known at the sentencing hearing, and the judge may read written evidence as well.Full Answer >
When writing a mitigation plea, the accused should include information that helps the court to understand the offender’s circumstance, encouraging the judge to give a less serious penalty, according to Legal Aid. It should include pertinent issues, such as defendant’s responsibilities, a difficult financial situation and explanation of the crime.Full Answer >