[Editor's note: We're excited to welcome our new colleague LaToya Powell to the blog. LaToya's work at the School of Government focuses on juvenile justice, especially the law of juvenile delinquency. Because of the close relationship between juvenile law and criminal law, we hope she will write for the blog from time to time.] Recently, I was asked by a prosecutor whether the Crime Victims’ Rights Act (CVRA) – Article 46 of Chapter 15A - applies to juvenile delinquency cases. The answer is: probably not, but flip the page to Article 45. The CVRA provides victims of certain felonies and serious misdemeanors the right to participate in all critical stages of a criminal trial, including post-trial proceedings. It also requires court officials (i.e., prosecutors, probation officers, etc.) to make several post-trial notifications to victims, including the final disposition of the case, the terms of the defendant’s incarceration or probation period, and the date and location of any probation violation hearings. See G.S. 15A-835, -836, and -837. However, the CVRA defines a victim as “a person against whom . . . one of the [listed] crimes was committed.” G.S. 15A-830(a)(7). It also defines an accused as “a person who has been arrested and charged with committing a crime covered by this Article.” G.S. 15A-830(a)(1). In NC, juveniles are not arrested, and they commit delinquent acts, not crimes. See G.S. 7B-2412 (“[a]n adjudication that a juvenile is delinquent . . . shall neither be considered conviction of any criminal offense nor cause the [...]
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