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for the juvenile offender and was in no sense his adversary.1245Disillusionment with the results of juvenile reforms coupled withjudicial emphasis on constitutional protection of the accused led inthe 1960s to a substantial restriction of these elements of juvenilejurisprudence. After tracing in much detail this history of juvenilecourts, the Court held inIn re Gault1246that the application of dueprocess to juvenile proceedings would not endanger the good inten-tions vested in the system nor diminish the features of the systemwhich were deemed desirable—emphasis upon rehabilitation ratherthan punishment, a measure of informality, avoidance of the stigmaof criminal conviction, the low visibility of the process—but that theconsequences of the absence of due process standards made theirapplication necessary.1247their sentences commuted were promptly paroled. InVan Curen, the Court madeexpress what had been implicit inDumschat; the “mutually explicit understand-ings” concept under which some property interests are found protected does not ap-ply to liberty interests.Van Curenis also interesting because there the parole boardhad granted the petition for parole but within days revoked it before the prisonerwas released, upon being told that he had lied at the hearing before the board.1244For analysis of the state laws as well as application of constitutional prin-ciples to juveniles,seeSAMUELM. DAVIS, RIGHTS OFJUVENILES: THEJUVENILEJUSTICESYS-TEM(2d ed. 2006).1245In reGault, 387 U.S. 1, 12–29 (1967).1246387 U.S. 1 (1967).1247“Ultimately, however, we confront the reality of that portion of the juvenilecourt 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 foryears. It is of no constitutional consequence—and of limited practical meaning—that the institution to which he is committed is called an Industrial School. Thefact 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 isincarcerated for a greater or lesser time. His world becomes ‘a building with white-2039AMENDMENT 14—RIGHTS GUARANTEED
Thus, the Court inGaultrequired that notice of charges be givenin time for the juvenile to prepare a defense, required a hearing inwhich the juvenile could be represented by retained or appointedcounsel, required observance of the rights of confrontation and cross-examination, and required that the juvenile be protected againstself-incrimination.1248It did not pass upon the right of appeal orthe failure to make transcripts of hearings. Earlier, the Court hadheld that before a juvenile could be “waived” to an adult court fortrial, there had to be a hearing and findings of reasons, a resultbased on statutory interpretation but apparently constitutionalizedinGault.
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........., Fourteenth Amendment to the United States Constitution