Court Cases- Juvenile #1

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  1. Kent vs United States (1966)
    • 16 year old charged with robbery, rape
    • Already on probation
    • Judge didn’t hear facts, made a ruling Counsel want access to records
    • Just transferred him to criminal court
    • Counsel appealed:
    • Won
    • Should’ve gotten records
    • Kent should’ve been present in court
    • Went to supreme court, first time:
    • Juveniles have right to counsel
    • Due process
    • Attorney can hear the facts
    • *first time legal rights were given to a
    • juvenile*
  2. In re Gault (1967)
    • 15 year old prank calling
    • Parents weren’t notified, not advised on rights
    • Judge sent gault to industrial school
    • Habeas corpus (unlawful imprisonment)Supreme court overruled No longer could due process/procedural safeguards
    • be kept out of adjudication
    • 4 rulings:
    • Sufficient notice prior to scheduled proceedings
    • If possible institutionalized, child/parents
    • must be given right to counsel
    • Privilege against self-incrimination is
    • applicable
    • Cross examination available
  3. In re Winship (1970)
    • 12 year old stole $112 from purse
    • Allowed to rule b/c of NYS statute
    • Juveniles entitled to evidence beyond a
    • reasonable doubt
  4. McKeiver vs Pennsylvania (1971)
    • 16 year old found delinquent
    • On probation after result for jury trial was denied
    • US Supreme court denies any more safeguards, no jury
  5. Breed vs Jones (1975)
    • 17 year old charged with robbery
    • Would’ve been robbery if adult
    • Found unfit for treatment, prosecuted as adult
    • Issue of double jeopardy
    • Issue with transferring between courts
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Court Cases- Juvenile #1
2015-02-21 21:25:08
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