Court Cases for Juvenile Justice
Terms in this set (10)
Troxel v. Grandville
Ruled that due process protects parents from governmental interference from the right to make decisions concerning the care, custody, and cntrol of their children.
Lassiter v. Department of Social Services
Santasky v. Kramer
The Supreme court recognized the child's right to be free from parental abuse and set down guidlines for a termination of custody hearing, including the right to legal representation.
....States Provided a guardian Ad Litem (Lawyer appointed to care for the needs of the child).
Kent v. U.S.
Kent was waived into adult court, which was later challenged.
Guidelines for Waivers:
1. A waiver would require a full hearing in front of Juvenile Court
2. Counsel could be present at the weavier hearing
3. Counsel should have access to all reports and records that the Juvenile Courts considers when making the transfer decision
4. The Judge must issue a statement outlining the reasons permitting the waiver to adult court
In Re Gault
Juveniles granted most rights of due process
1. Right to know charges
2. Right to counsel (if they are gonna lose freedom)
3. Right to cross-examation & Confrontation
4. Right to Self Incrimination
5. Right to Transcript
6. Right to Appeal
In Re Winship
Held that juveniles must have a beyond a reasonable doubt standard that adults receive in criminal cases.
McKeiver v. Pennsylvania
U.S supreme court case in which it was ruled that juveniles are not entitled to trial by jury in delinquency proceedings.
Escobedo v. Illinois
Ruled that a defendant must be allowed access to a lawyer before questioning by police.
People v. Lara
Court case said that the question of a child's waiver is to be determined by the totality of the circumstances doctrine
Fare v. Michael
Juveniles must specifically request an attorney to stop interrogations
Schall v. Martin
The defendant was charged with robbery, assault, and possession of a weapon. When he lied to police he was detained before his trial and he appealed. The court ruled that it is not unconstitutional to hold a juvenile in pretrial detainment, especially if they are dangerous.