Arizona Laws 8-412. Victim’s right to refuse an interview; applicability
A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any alleged delinquent act witnessed by the victim and that occurred on the same occasion as the delinquent act against the victim, or filed in the same petition or consolidated for an adjudication hearing, that is conducted by the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant.
Terms Used In Arizona Laws 8-412
- Abuse: means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. See Arizona Laws 8-201
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency. See Arizona Laws 8-382
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delinquent: means a child who is adjudicated to have committed a delinquent act. See Arizona Laws 8-382
- Delinquent act: means an act to which this article applies pursuant to section 8-381. See Arizona Laws 8-382
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Final disposition: means the ultimate termination of the delinquency proceeding by a court, including dismissal, acquittal, transfer to adult court or imposition of a disposition after an adjudication for a delinquent offense. See Arizona Laws 8-382
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
- Juvenile defendant: means a juvenile against whom a petition is filed seeking to have the juvenile adjudicated delinquent. See Arizona Laws 8-382
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
- Rights: means any right granted to the victim by the laws of this state. See Arizona Laws 8-382
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Victim: means a person against whom the delinquent act was committed, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 8-382
B. The juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant shall only initiate contact with the victim through the prosecutor’s office. The prosecutor’s office shall inform the victim of the juvenile defendant’s request for an interview within ten days after the request and shall advise the victim of the victim’s right to refuse the interview.
C. The prosecutor shall not be required to forward any correspondence from the juvenile defendant, the juvenile defendant’s attorney or an agent of the juvenile defendant to the victim or the victim’s representative.
D. If the victim consents to an interview, the prosecutor’s office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the time and place the victim has selected for the interview. If the victim wishes to impose other conditions on the interview, the prosecutor’s office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the conditions. The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.
E. Unless otherwise directed by the victim, the prosecutor may attend all interviews. If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor’s expense.
F. This section applies to the parent or legal guardian of a minor child who exercises victims’ rights on behalf of the minor child. Notwithstanding subsection E of this section, the juvenile defendant, the juvenile defendant’s attorney or an agent of the juvenile defendant may not interview a minor child who has agreed to an interview, even if the minor child’s parent or legal guardian initiates contact with the juvenile defendant, the juvenile defendant’s attorney or an agent of the juvenile defendant, unless the prosecutor has actual notice at least five days in advance and the minor child is informed that the prosecutor may be present at the interview.
G. Except in cases involving a dismissal with prejudice or an acquittal, the right of a victim and a victim’s representative to refuse an interview, a deposition or any other discovery request related to the criminal case involving the victim by the juvenile defendant, the juvenile defendant’s attorney or any other person acting on behalf of the juvenile defendant remains enforceable beyond a final disposition of the charges. This subsection does not require any other right enumerated in article II, section 2.1, Constitution of Arizona, to remain enforceable beyond a final disposition as prescribed in section 8-383, subsection A.