137 Kids and the Law reschedule the hearing. At the hearing the clerk listens to what the witnesses say happened. At the hearing the child can decide whether to speak or to re- main silent. * In juvenile court, “juvenile” is the word used for the child who is facing delin- quency charges. In adult court that person is a “defendant.” After hearing the evidence, the clerk may: 1. Find that there is no probable cause (reason) to believe the child com- mitted a delinquent act and the matter will be closed. However, the com- plainant could then request a hearing on another day before a judge. A hearing before a judge happens in the same way as the hearing before the clerk magistrate. 2. Find that there is probable cause to believe the child committed a delin- quent act and issue a formal complaint. The child and the parent or guard- ian must then appear before a judge for arraignment. For more informa- tion about arraignments, see page 141. 3. The clerk can also try to see if the parties can resolve their differences with- out additional court involvement, including by referring the child to a di- version program. What does it mean if a child is charged with a delinquent act as part of a joint venture? A child may be prosecuted for committing a delinquent act even if they are not the person who did the act but are with the person who committed the offense—this is called a joint venture. This means that a child can be found delinquent of a criminal offense even if that child did not actually commit the offense. To prove a child is delinquent of an offense based on joint venture, the ADA must prove beyond a reasonable doubt that: 1. The child knowingly helped commit the crime or delinquent act, or stood by willing and able to help another person commit a crime or delinquent act; and 2. The child acted in this way while sharing the intent to commit the offense. Assisting in a delinquent act can mean agreeing to act as a lookout or to help in an escape. For example, a child only acting as a “lookout” outside a building can be charged with breaking and entry into that building. However, just be- ing present or knowing about a crime isn’t enough to establish a joint venture. Delinquent Children 11