ANOTHER LOOK AT THE ROLE OF DUE PROCESS IN JUVENILE COURT (FROM YOUNGEST MINORITY - LAWYERS IN DEFENSE OF CHILDREN, 1974 BY SANFORD N KATZ - SEE NCJ-31349)

• NCJ Number: 31351
• Author(s): A B POPKIN; F J LIPPERT; J A KEITER
• Date Published: 1974
• Length: 46 pages
• Corporate Author: American Bar Association
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE CONSIDERS THE THREE MAJOR SUPREME COURT DECISIONS CONCERNING THE CONSTITUTIONAL REQUIREMENTS FOR JUVENILE PROCEEDINGS AND DISCUSSES LOWER COURT DECISIONS ON THE APPLICATION OF DUE PROCESS REQUIREMENTS.

Abstract

THE AUTHOR ALSO ATTEMPTS TO DRAW SOME CONCLUSIONS REGARDING THE ROLE OF DUE PROCESS IN FUTURE JUVENILE PROCEEDINGS. THE SUPREME COURT DECISIONS DISCUSSED ARE IN RE GAULT (1967), IN WHICH THE COURT DECLARED THAT THE DUE PROCESS CLAUSE APPLIED AT LEAST TO THE ADJUDICATORY STAGE OF JUVENILE DELINQUENCY PROCEEDINGS; MCKEIVER V. PENNSYLVANIA (1971), IN WHICH IT WAS HELD THAT TRIAL BY JURY IS NOT CONSTITUTIONALLY REQUIRED IN JUVENILE PROCEEDINGS; AND IN RE WINSHIP (1970), IN WHICH IT WAS HELD THAT PROOF BEYOND A REASONABLE DOUBT WAS ALSO REQUIRED FOR JUVENILE PROCEEDINGS. THE LOWER COURT DECISIONS REVIEWED COVER THE RIGHT TO COUNSEL, DUE PROCESS IN THE PRE-ADJUDICATIVE STAGE, DUE PROCESS REQUIREMENTS IN THE ADJUDICATIVE STAGE, AND THE INDETERMINATE SENTENCE.