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Minor has due process rights including: 1. Notice of charges both specific and timely.
2. Right to counsel.
3. Right to confrontation and cross examination.
4. Privilege against self-incrimination.
5. Right to a transcript of trial record.
6. Right to appellate review. |
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Definition
Juveniles entitled too:
1. Proof beyond a reasonable doubt.
2. Previously was preponderance of evidence.
3. Preponderance of evidence is still used in status offenses. |
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Due Process clause of 14th amendment= right to jury trial?
1. Juveniles DO NOT have the right to a jury trial - based on:
A. Not all rights that are Constitutionally assured for adults are to be given to juveniles.
B. The juvenile proceedings may become a fully adversarial process. |
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Term
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Definition
Does double jeopardy clause of 5th amendment protect a juvenile from being prosecuted as an adult after adjudication proceedings in Juvenile Court?
1. A juvenile who has undergone adjudication proceedings in juvenile court cannot be tried again on the same charge as an adult in a criminal court because to do so would constitute double jeopardy. |
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Definition
Do juveniles have any due process rights in cases in which jurisdiction over a juvenile is transferred from a juvenile to adult court?
1. A transfer of jurisdiction in juve hearing is a "critically important" stage in the juve process. Critically important stage asserts that the action determines virtually important statutory rights of the juvenile. There fore, the juve is entitled to the following due process:
2. A hearing.
3. Must be given access to records and considered by the juvenile court; and,
4. To a statement of the reasons in support of the wavier order.
2. |
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Term
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Definition
-Conditions of confinement in Texas
-Did Texas Youth Council engage in policy and practices that violated the 8th amendment's prohibition against cruel and unusual punishment?
-Some of the practices and procedure of TYC constituted cruel and unusual punishment.
1. Attorneys were denied access to their clients.
2. There was widespread practice of corporal punishment and physical abuse.
3. Tear gas and other chemicals were being used without sufficient threat to humans and property.
4. juveniles were placed in solitary confinement without time limits.
5. Work tasks with no meaningful purpose.
6. The court said that the state is charged with a statutory duty to provide a "program of constructive training aimed at rehabilitative and re-establishment in society for these juveniles." |
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Definition
1. Does corporal punishment that is inflicted with a "fraternity paddle" constitute cruel and unusual punishment? YES
2. Is the use of tranquilizing drug administering intramuscularly by staff, without trying medication short of drugs and without adequate medical guidance and prescription constitute cruel and unusual punishment? YES
3. Do juveniles have a right to treatment under the due process clause of the 14th amendment and the Indiana Juvenile Court Act? YES |
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Term
| Christopher P v New Mexico |
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Definition
Was the juveniles 5th amendment privilege against self-incrimination violated when the court ordered him to discuss the alleged crimes during a psychological evaluation to determine whether he could benefit from treatment in the juvenile justice system.
-The 5th amend. privilege was violated by the court's order compelling him to discuss alleged offenses with a psychologist without the advice of counsel during a psychological evaluation for the purpose of determining whether he would benefit from treatment in the juvenile justice system.
1. Court ruled that when the juve was ordered to discuss the details of the crime in the evaluation he was testifying against himself.
2. Again the court took the position that transfer proceedings are a critical stage in a child's involvement in the juve justice system. |
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Definition
-Do public high school officials need probably cause or warrant in order to search juveniles?
-Public school officials DO NOT need a warrant or probably cause before conduction a search.
1. A search is valid if there is "reasonable grounds" to suspect that the search will produce evidence that the student has violated or is violating either the law or the rules of the school.
2. Today's public school officials do not merely exercise authority voluntarily conferred on them by individual parents; rather, they act in the furtherance of the publicly mandated educational and disciplinary policies. |
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Definition
-Is preventative detention of juve charged with a delinquent act constitutional?
-Preventative detention is constitutional because it protects both the juve and the society from the hazards of pretrial crime. This objective is compatible with the "fundamental fairness" requirement of the due process clause in juve proceedings.
1. Parens Patriae role of state takes precedence.
2. Juves are always considered in custody.
3. The court maintained that while a juve constitutional interest must be protected, the interest of the state and society must also be considered.
4. When the interest conflict the court must weigh which interest is the most compelling. |
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| State ex rel. Southers v. Stuckey |
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Definition
Was the administrator liable o private citizens for the actions of an escaped juve who was under state custody and care at the time of the escape?
-A residential youth facility administrator's regulatory duty to report a runaway to police and others is a duty owed to the state, not to the victims. Therefore the public duty doctrine barred the victims from suing the facility administrator for actions of a juve while on escape status.
-Public Duty Doctrine- A general rule of immunity saying that public officers acting within the scope of their authority are not liable for injuries arising from their discretionary acts or omissions, but they may be liable for torts. |
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Ruled that imposing capital punishment on a juve murderer who was less than 18 years old at the time of the offense violated the 8th amend. constitutional prohibition against cruel and unusual punishment.
- The Supreme Court ruled that:
1. Children are distinctly different from adults in culpulbility, judgement and blame-worthiness, facts that make them ineligible for the death penalty. Christopher Simmons was 17 when he committed murder, an age at which adolescents brains are not fully developed and teens may not understand the full consequences of their actions.
2. We exclude minors from society in both signifficant and trivial ways. They cannot vote, enlist in the military, sit on juries, or even get a tattoo. The court has now brought their eligibility for the death penalty in line with those exclusions. |
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| Veronica School District v. Acton |
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Definition
-Held that the 4th Amend. guarantee against unreasonable searches is not violated by the suspicion-less drug testing of all students choosing to participate in interscholastic athletics.
-The Supreme Court expanded power of public educators to ensure safe learning environments. |
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