click below
click below
Normal Size Small Size show me how
Juvenile Court Cases
CRIM 309
Term | Definition |
---|---|
Kent v. United States | modified due process protection for juveniles. waiver (transfer to adult court) without a hearing is invalid |
In re Gault | in cases that may result in commitment to institution, juveniles have right to: notice, counsel, question/cross-examine, protection against self-incrimination |
In re Winship | the standard of evidence for adjudication of delinquency should be "proof beyond a reasonable doubt" |
McKiever v. Pennsylvania | juries would not enhance the accuracy of adjudication process and could adversely affect the informal atmosphere of the non-adversarial juvenile court hearing process |
Breed v. Jones | double jeopardy applies at adjudication hearing as soon as evidence is presented |
Swisher v. Brady | subordinate judicial officers may hear delinquency trials; a judge is not required |
Schall v. Martin | preventative detention of juveniles is appropriate tool of crime. rationale used to justify: juveniles are dangerous, in some form of custody, need to be protected from themselves, preventative detention is not used as punishment |
Fare v. Michael | miranda warnings given to juveniles applies the same way it does for adults |
West v. United States | juvenile confessions must be voluntary under the "totality of circumstances" - youth's age, education, intelligence - length and conditions of interrogations - youth's ability to confer with parents and other adults |
Tinker v. Des Moines | students do not "shed their rights" at the school gates. schools do not have absolute authority over students |
New Jersey v. TLO | in school, a search is considered reasonable and within constraints of Fourth Amendment if there is reasonable suspicion that criminal activity is occurring. Search must be conducted by school officials |
Roger v. Simmons | death penalty is cruel and unusual punishment for youth less than 18 years of age at the time of offense and is unconstitutional under 18th amendment |