JUVENILE DUE PROCESS IN THE LOWER COURTS

• NCJ Number: 5378
• Journal: JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 62 Issue: 3 Dated: (SEPTEMBER 1971) Pages: 335-349
• Author(s): ANON
• Date Published: 1971
• Length: 15 pages
• Corporate Author: Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

FEDERAL AND STATE COURT DECISIONS WHICH HAVE APPLIED SUPREME COURT RULINGS ON JUVENILE CONSTITUTIONAL RIGHTS TO NARROW PROCEDURAL FLEXIBILITY IN JUVENILE HEARINGS.

Abstract

IN THE CASE OF IN RE GAULT, THE SUPREME COURT HELD THAT FOUR ELEMENTS OF DUE PROCESS WERE CONSTITUTIONALLY APPLICABLE TO JUVENILE PROCEEDINGS- THE RIGHT TO ADEQUATE NOTICE OF THE CHANGES, THE RIGHT TO COUNSEL, THE PRIVILEGE AGAINST SELF-INCRIMINATION AND THE RIGHT TO CONFRONT WITNESSES. THIS DECISION LED TO A WIDE VARIETY OF LOWER COURT RULINGS, ESPECIALLY ON THE QUANTUM OF PROOF REQUIRED FOR DELINQUENCY CONVICTIONS AND ON THE JUVENILE'S RIGHT TO A JURY TRIAL. THE AUTHORS ANALYZE TRENDS AND IMPLICATIONS IN THESE DECISIONS, AND CONCLUDE THAT THE UNIQUE ADVANTAGES OF THE JUVENILE COURT ARE STILL RETAINED IN THE DISPOSITIONAL STAGE OF PROCEEDINGS, WHERE JUDGES HAVE RETAINED WIDE LATITUDE IN DETERMINING TREATMENT FOR DELINQUENTS.