bifurcated hearing | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction

In the juvenile justice system, a bifurcated hearing is a two-part juvenile court proceeding where the adjudicatory phase is separated from the disposition phase.


A bifurcated hearing is a court proceeding that is separated into two distinct phases: the adjudicatory phase and the disposition phase. This type of hearing is used in both adult and juvenile cases to ensure that the decision-making process is fair and based on accurate information.

In an adjudicatory hearing, the court determines whether the allegations made against the defendant are true. This is equivalent to a trial in adult cases and an adjudicatory hearing in juvenile cases. During this phase of the hearing, the prosecution presents evidence and witnesses to prove their case, and the defense has the opportunity to present evidence and witnesses to challenge the prosecution’s case. The judge or jury then makes a determination as to whether the defendant is guilty or not guilty.

The disposition phase of a bifurcated hearing is the second part of the hearing. During this phase, the judge or jury determines the appropriate sentence or penalty for the defendant if they are found guilty in the adjudicatory phase. The disposition phase is equivalent to the sentencing phase in adult cases and the disposition hearing in juvenile cases.

One of the main advantages of a bifurcated hearing is that it allows the court to focus solely on the question of guilt or innocence during the adjudicatory phase. This means that the decision to impose a sentence or penalty is not influenced by any factors related to the defendant’s guilt or innocence. This helps to ensure that the decision to impose a sentence or penalty is based on accurate information and is fair to the defendant.

In adult cases, bifurcated hearings are commonly used in cases where the prosecution is seeking the death penalty. During the adjudicatory phase, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. If the defendant is found guilty, the hearing moves to the disposition phase where the jury must determine whether the defendant should be sentenced to death or to life in prison without parole.

In juvenile cases, bifurcated hearings are used to ensure that the decision-making process is fair and based on accurate information. The adjudicatory phase is designed to determine whether the juvenile is delinquent and has committed the alleged offense. During the disposition phase, the judge determines the appropriate sentence or treatment for the juvenile, taking into account factors such as the severity of the offense, the juvenile’s history, and their individual needs.


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Last Modified: 04/15/2023


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