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Kent vs United States (1966)
- 16 year old charged with robbery, rape
- Already on probation
- Judge didn’t hear facts, made a ruling Counsel want access to records
- Just transferred him to criminal court
- Counsel appealed:
- Won
- Should’ve gotten records
- Kent should’ve been present in court
- Went to supreme court, first time:
- Juveniles have right to counsel
- Due process
- Attorney can hear the facts
- *first time legal rights were given to a
- juvenile*
-
In re Gault (1967)
- 15 year old prank calling
- Parents weren’t notified, not advised on rights
- Judge sent gault to industrial school
- Habeas corpus (unlawful imprisonment)Supreme court overruled No longer could due process/procedural safeguards
- be kept out of adjudication
- 4 rulings:
- Sufficient notice prior to scheduled proceedings
- If possible institutionalized, child/parents
- must be given right to counsel
- Privilege against self-incrimination is
- applicable
- Cross examination available
-
In re Winship (1970)
- 12 year old stole $112 from purse
- Allowed to rule b/c of NYS statute
- Juveniles entitled to evidence beyond a
- reasonable doubt
-
McKeiver vs Pennsylvania (1971)
- 16 year old found delinquent
- On probation after result for jury trial was denied
- US Supreme court denies any more safeguards, no jury
-
Breed vs Jones (1975)
- 17 year old charged with robbery
- Would’ve been robbery if adult
- Found unfit for treatment, prosecuted as adult
- Issue of double jeopardy
- Issue with transferring between courts
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