GPO-CONAN-2017-10-15.pdf

1312 for analysis of the state laws as well as

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1312 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). 1313 In re Gault, 387 U.S. 1, 12–29 (1967). 1314 387 U.S. 1 (1967). 1315 “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- 2073 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. 1316 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 . 1317 Subsequently, the Court held that the “essentials of due process and fair treatment” required that a juvenile could be adjudged delinquent only on evidence beyond a reasonable doubt when the offense charged would be a crime if committed by an adult, 1318 but still later the Court held that jury trials were not con- stitutionally required in juvenile trials. 1319 washed walls, regimented routine and institutional hours . . . . ’ Instead of mother and father and sisters and brothers and friends and classmates, his world is peopled by guards, custodians, state employees, and ‘delinquents’ confined with him for any- thing from waywardness to rape and homicide. In view of this, it would be extraor- dinary if our Constitution did not require the procedural regularity and the exercise of care implied in the phrase ‘due process.’ Under our Constitution, the condition of being a boy does not justify a kangaroo court.” 387 U.S. at 27–28. 1316 387 U.S. at 31–35. Justice Harlan concurred in part and dissented in part, id. at 65, agreeing on the applicability of due process but disagreeing with the stan- dards of the Court. Justice Stewart dissented wholly, arguing that the application of procedures developed for adversary criminal proceedings to juvenile proceedings would endanger their objectives and contending that the decision was a backward step to- ward undoing the reforms instituted in the past. Id. at 78.
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