DELINQUENT OR CRIMINAL - THE PROBLEMS OF TRANSFERS OF JURISDICTION

• NCJ Number: 11474
• Journal: Juvenile Justice Volume: 24 Issue: 1 Dated: (MAY 1973) Pages: 2-12
• Author(s): H E RESTEINER
• Date Published: 1973
• Length: 11 pages
• Corporate Author: National Council of Juvenile and Family Court Judges
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE KENT, GAULT, AND WINSHIP SUPREME COURT DECISIONS WHICH LEAD THE WAY TO DEFINING BASIC RIGHTS IN JUVENILE COURT PROCEEDINGS TO WAIVE JURISDICTION.

Abstract

AN EXAMINATION OF THESE AND OTHER SIMILAR CASES INDICATES THAT THE APPELLATE COURTS HAVE TAKEN A BROAD LOOK AT THE VARIOUS ASPECTS AFFECTING THE AREA OF TRANSFER OF JURISDICTION TO ADULT COURT. THEY INDICATE THAT THE MINOR MUST BE GIVEN DUE PROCESS AND FAIR TREATMENT. THE ISSUE OF COMPETENCY TO STAND TRIAL SHOULD BE CONSIDERED CAREFULLY. MANY JUVENILE DELINQUENTS EVIDENCE MENTAL DISTURBANCES WHICH IF NOT DEALT WITH COULD RESULT IN MANIFEST INJUSTICE. THE TREND IS THAT THE MINOR RECEIVE RIGHTS MORE NEARLY AKIN TO THOSE GRANTED IN CRIMINAL PROCEEDINGS, AND AS A CONSEQUENCE, LAW ENFORCEMENT BURDENS ARE INCREASED. (AUTHOR ABSTRACT)