Right to Counsel in Juvenile Court 50 Years After In re Gault.
نویسنده
چکیده
The 20th century U.S. Supreme Court advanced the Constitutional rights of adult criminal defendants. Although far reaching in their impact, these constitutional protections were not afforded to juveniles. For example, the Supreme Court held in Gideon v. Wainwright (1963) that indigent adult defendants in felony cases have a right to counsel as a matter of due process, but did not extend this right to juvenile defendants. Similarly, the Court affirmed in Miranda v. Arizona (1966) that the Fifth Amendment protects adults, but not juveniles, from selfincrimination during police interrogation. Youth involved with the courts are processed in a separate judicial system formalized in the late 19th century, which until 1967, lacked many of the due process rights accorded adults, including the right to counsel. Since the establishment of a separate juvenile court system, these courts have been responsible for:
منابع مشابه
In re Gault at 40 : The Right to Counsel in Juvenile Court - A Promise Unfulfilled
On May 15, 1967, the United States Supreme Court decided the case of In re Gerald Gault, [FN1] a case seemingly destined to change forever and for better the way children accused of crimes are treated in state juvenile courts. In its opinion, the Court held that children were “persons” under the United States Constitution, and as such, had to be treated fairly when the state sought to deprive t...
متن کاملCriminalizing the American Juvenile Court
Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although i...
متن کامل16 Schetky 11-03.qxd
Prior to the creation of the first juvenile court, most children who committed crimes in the colonial United States were prosecuted as adults in the tradition of English law. Common law of that period held that children under the age of 7 were presumed incapable of committing a crime (the defense of “infancy”). Children between the ages of 7 and 14 were presumed responsible for their acts, but ...
متن کاملA Comparison of Sentencing Outcomes for Defendants with Public Defenders Versus Retained Counsel in a Florida Circuit Court
The Sixth Amendment to the U.S. Constitution states that a criminal defendant has the right to counsel for his defense, and the Fourteenth Amendment states that defendants must be provided due process and equal protection under law. Despite this, it is unclear whether indigent defendants in the United States-who are disproportionately ethnic minorities-are receiving such protections when it com...
متن کاملGiant Juvenile Fibroadenoma Presenting in a 15-year-old Pregnant Woman: a Case Report
Fibroadenoma is the most common benign mass of breast in females 20-50 years of age. Juvenile fibroadenoma accounts for only 4% of total fibroadenomas. Moreover, the incidence of giant juvenile fibroadenoma is found to be only 0.5% of all fibroadenomas. A 15-year-old woman at the 12th week of gestation was referred to the Shahid Sadoughi Hospital, Yazd, Iran because of a mass in the right breas...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- The journal of the American Academy of Psychiatry and the Law
دوره 45 2 شماره
صفحات -
تاریخ انتشار 2017