NCJ Number
137918
Journal
Journal of Juvenile Law Volume: 7 Issue: 2 Dated: (1983) Pages: 232-237
Date Published
1983
Length
6 pages
Annotation
Issues addressed in this survey of juvenile justice system cases include police interrogation procedures, the right of a juvenile to a preliminary hearing, trial of a juvenile as an adult, and the sentencing of minors to the penalty of death or life imprisonment without possibility of parole.
Abstract
In State v. Lohnes, the court held that prior to admitting a juvenile confession obtained while in custody, the State has the burden of showing a knowing, intelligent, and voluntary waiver of the right to counsel and a realization that any statements would be used in a subsequent adult trial. The court held in J.T. v. O'Rourke that limiting the necessity of juvenile court preliminary hearings to "serious offenses" is consistent with the juvenile system's goal of providing a nonadversarial atmosphere of care and guidance. Prior to the passage by initiative of an amended death penalty law, California's Supreme Court in People v. Davis held that minors were not subject to the penalty of death or life imprisonment without possibility of parole. 22 footnotes