1245 Disillusionment with the results of juvenile reforms coupled with judicial

1245 disillusionment with the results of juvenile

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for the juvenile offender and was in no sense his adversary. 1245 Disillusionment with the results of juvenile reforms coupled with judicial emphasis on constitutional protection of the accused led in the 1960s to a substantial restriction of these elements of juvenile jurisprudence. After tracing in much detail this history of juvenile courts, the Court held in In re Gault 1246 that the application of due process to juvenile proceedings would not endanger the good inten- tions vested in the system nor diminish the features of the system which were deemed desirable—emphasis upon rehabilitation rather than punishment, a measure of informality, avoidance of the stigma of criminal conviction, the low visibility of the process—but that the consequences of the absence of due process standards made their application necessary. 1247 their sentences commuted were promptly paroled. In Van Curen , the Court made express what had been implicit in Dumschat ; the “mutually explicit understand- ings” concept under which some property interests are found protected does not ap- ply to liberty interests. Van Curen is also interesting because there the parole board had granted the petition for parole but within days revoked it before the prisoner was released, upon being told that he had lied at the hearing before the board. 1244 For analysis of the state laws as well as application of constitutional prin- ciples to juveniles, see S AMUEL M. D AVIS , R IGHTS OF J UVENILES : T HE J UVENILE J USTICE S YS - TEM (2d ed. 2006). 1245 In re Gault, 387 U.S. 1, 12–29 (1967). 1246 387 U.S. 1 (1967). 1247 “Ultimately, however, we confront the reality of that portion of the juvenile court process with which we deal in this case. A boy is charged with misconduct. The boy is committed to an institution where he may be restrained of liberty for years. It is of no constitutional consequence—and of limited practical meaning— that the institution to which he is committed is called an Industrial School. The fact of the matter is that, however euphemistic the title, a ‘receiving home’ or an ‘industrial school’ for juveniles is an institution of confinement in which the child is incarcerated for a greater or lesser time. His world becomes ‘a building with white- 2039 AMENDMENT 14—RIGHTS GUARANTEED
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Thus, the Court in Gault required that notice of charges be given in time for the juvenile to prepare a defense, required a hearing in which the juvenile could be represented by retained or appointed counsel, required observance of the rights of confrontation and cross- examination, and required that the juvenile be protected against self-incrimination. 1248 It did not pass upon the right of appeal or the failure to make transcripts of hearings. Earlier, the Court had held that before a juvenile could be “waived” to an adult court for trial, there had to be a hearing and findings of reasons, a result based on statutory interpretation but apparently constitutionalized in Gault .
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  • Fall '15
  • Paul Kirsch
  • ........., Fourteenth Amendment to the United States Constitution

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