Dismissal for Alternative Processes in Juvenile Justice

Muckleshoot Tribal Code. Title 7 Juvenile Delinquency Code. 7.09.040 Discretionary Dismissal.

Tribe: Muckleshoot Indian Tribe

7.09.040 Discretionary Dismissal.

The court may, upon its own motion or the motion of the juvenile, dismiss the delinquency petition:

a) If the court finds that the alleged conduct:

1) Did not actually cause or threaten the harm sought to be prevented by the statute defining the alleged delinquent act, or did so only to a trivial extent; or

2) Cannot reasonably be regarded as within the contemplation of the Muckleshoot Tribal Council in enacting the statute defining the alleged delinquent act;

3) The alleged victim is a member of the juvenile’s family, and the court finds that the alleged conduct may be more appropriately addressed by the juvenile’s parent(s); or

b) On the recommendation or agreement of the alleged victim, if such dismissal is in the interests of justice, and the court finds that the alleged conduct may be more appropriately addressed by:

1) The juvenile’s parent(s);

2) Voluntary participation in tribal peacemaking or other extrajudicial alternatives for resolving conflicts or disputes;

3) Voluntary restitution or other conciliatory efforts or conduct on the part of the juvenile; or

4) Other informal, traditional or community-based alternatives.

Read Full Text of Muckleshoot Tribal Code. Title 7 Juvenile Delinquency Code. 7.09.040 Discretionary Dismissal.