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Criminal Procedure Commons

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Full-Text Articles in Criminal Procedure

A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone Jan 2016

A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone

Faculty Scholarship

No abstract provided.


Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso Jan 2005

Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

In 2003, the Florida District Court of Appeal reversed the murder conviction and life sentence imposed on Lionel Tate, who was twelve years old when he killed his six-year-old neighbor. Since Lionel was reported to be the youngest person in modern times to be sent to prison for life, the case had generated considerable debate, and the decision was appealed on several grounds. What persuaded the appellate court that the conviction could not stand, however, was the trial court's rejection of a petition by Lionel's attorney for an evaluation of his client's competence to assist counsel and to make a …


Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock Jan 1979

Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock

Law Faculty Articles and Essays

Since the United States Supreme Court's decision in In re Gault in 1967, in which due process rights were extended to juvenile delinquency proceedings which might result in commitment of youths to reformatory institutions, numerous courts, legislatures, and private study commissions have been re-examining the rights and obligations of young people in contemporary American society. In this ongoing debate over juvenile jurisprudence, perhaps no issue has provoked as much controversy as the question of whether juvenile courts should continue to exercise jurisdiction over juvenile "status offenses"--those unique forms of deviant behavior which are illegal only for minors. It is not …


Book Review, Peter D. Garlock Jan 1975

Book Review, Peter D. Garlock

Law Faculty Articles and Essays

The author reviews Thorns and Thistles: Juvenile Delinquents in the United States, 1825-1940.