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Legal Definitions - fitness hearing

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Definition of fitness hearing

A fitness hearing is a type of hearing that is held to determine whether a juvenile offender should be tried as an adult. It is a judicial session that is usually open to the public and involves deciding issues of fact or law, sometimes with witnesses testifying.

For example, if a 16-year-old is accused of a serious crime, such as murder, the prosecutor may request a fitness hearing to determine whether the case should be heard in juvenile court or adult court. The hearing will consider factors such as the offender's age, criminal history, and the severity of the crime.

Another example is if a 17-year-old is accused of a non-violent crime, such as theft, and the prosecutor wants to try them as an adult. The fitness hearing will determine whether the case should be heard in juvenile court or adult court based on the offender's maturity level and other factors.

The difference between ordinary and extraordinary is practice.

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Simple Definition

A fitness hearing is a type of court session where a judge decides if a person is fit to stand trial. This means they determine if the person is mentally and physically capable of understanding the charges against them and participating in their own defense. The hearing may involve testimony from witnesses and medical professionals. It is important because a person who is not fit to stand trial cannot be convicted of a crime.

Injustice anywhere is a threat to justice everywhere.

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