Juvenile Law Commons^™

The Adoption Of Baby Lenore: Problems Of Consent And The Role Of Lawyers, Sanford N. Katz

Sanford N. Katz

No abstract provided.

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …

No One Will Lissen, Mabel Minor

North Carolina Central Law Review

No abstract provided.

Criminal Procedure—Juveniles: Retroactive Application Of In Re Gault Denied In Washington—Brumley V. Charles Denny Juvenile Center, 77 Wn.2d 702, 466 P.2d 481 (1970), Anon

Washington Law Review

Genevieve Fay Brumley was adjudged a delinquent child by the juvenile court of Snohomish County on December 12, 1966 after she admitted telephoning bomb threats to local schools. Present at the adjudicatory hearing were court personnel, her parents, a welfare caseworker, a probation officer, and a policeman. She was not represented by counsel. During her subsequent incarceration, the United States Supreme Court extended the right to counsel to juvenile proceedings in In re Gault. In August of 1968, Miss Brumley petitioned the superior court for a writ of habeas corpus, contending that the Gault decision required a reversal of her …

Legal Aspects Of Foster Care, Sanford N. Katz

Sanford N. Katz

No abstract provided.

Juvenile Law--A Potential For California Change, Glendalee Garfield

McGeorge Law Review

No abstract provided.

Forcing Protection On Children And Their Parents: The Impact Of Wyman V. James, Robert A. Burt

Michigan Law Review

This Article will focus on one of the concerns implicated in Wyman: the government's power to force assistance for the protection of children, when they or their parents are unwilling to accept that assistance. The state's protective purposes in insisting that Mrs. James accept its assistance or suffer serious loss of benefits played an important role in the Wyman decision. Only a few years ago, in In re Gault, the Court refused to defer to a state's similarly beneficent motives when it was asked to withhold the imposition of procedural safeguards in juvenile delinquency proceedings. Wyman does not …

Jury Trials For Juvenile Delinquents In Virginia

Washington and Lee Law Review

No abstract provided.

Juries For Juveniles: Solving The Dilemma, James Carr

Loyola University Chicago Law Journal

No abstract provided.

Counseling The Counselors: Legal Implications Of Counseling Minors Without Parental Consent

Maryland Law Review

No abstract provided.

Juveniles - Adjudication Of Delinquency - Maximum Sentences, James R. Miller

Duquesne Law Review

The Pennsylvania Supreme Court has held that a juvenile may be sentenced to a longer maximum commitment than an adult tried for the same crime if the following conditions are present: 1.) the juvenile is notified at the outset of the proceedings of all factors upon which the state proposes to base the adjudication; 2.) the facts supporting the ultimate conclusions must be clearly found and set forth; and, 3.) it must be clear that during the longer commitment the juvenile will receive appropriate rehabilitative care.

Wilson Appeal, 438 Pa. 425, 264 A.2d 614 (1970).

The Poor Kid, Jonathan Weiss

Duquesne Law Review

Juvenile law and lore present a series of real contradictions. An enormous mound of articles deal with the field, but there are only two Supreme Court cases directly on the question of juvenile rights in the juvenile court process. We have been exhorted time and time again to trust the state as a "loving parent" who has the child's best interests at heart. But many scholars have documented the horrors that a juvenile actually experiences in the state's dealings with him. Some judges too have recognized these horrors.

The Lawyer-Child Relationship: A Statistical Analysis [Project], Stephen G. Walker

Duquesne Law Review

In the day-to-day activities of the lawyer, his usual clients are the corporations, businessmen, criminals, and middle to upper class persons who rely upon him for legal guidance. His counsel is dispensed with equanimity and confidence, albeit the distress it may sometimes bring his client. His advice may be given to prevent a possible suit from being brought; it may be given to settle impending litigation; it may be given once a verdict has been reached. It is clear in each case that the lawyer is paid to free his client from present or future liability, or at least to …

Contributory Negligence Of Very Young Children, James B. Wilkens

Cleveland State Law Review

If in backing your car out of a driveway you look to only one side as you approach the sidewalk, and strike and injure a pedestrian approaching from the other side, who had been so engrossed in conversation with a companion as not to have cast even a glance up the driveway, your liability for his injuries might well depend upon his age. The standard of care required (in most circumstances) of normal adults (and corporations) for the protection of themselves and of others is that they take such care as ordinary prudent persons would take in the circumstances. Little, …

Parens Patria: Fiction Of The Juvenile Court, David M. Featherstone

LLM Theses and Essays

This paper briefly examines two functions of the juvenile court, contrasting theory and practice. It will be shown that in handling juvenile delinquency cases the parens patriae concept has been virtually discarded. The second area examined, that involving abused children, has to some extent functioned within the original theoretical framework. This paper presents the following basic question: Could the parens patriae concept be better implemented through a social rather than legal institution?

Neglect Proceedings And The Conflict Between Law And Social Work, Patrick R. Tamilia

Duquesne Law Review

The 20th century might well be considered the age when children acquired the right to exist. To some, the rights and privileges of children have developed so rapidly that they would categorize our culture to be child-centered and our future to be youth-directed. For the undeniable betterment of mankind, within the past 50 years, we have come to be aware of the inner life and intrinsic worth of the child as an independent being. Much of what we consider to be permissive, uncontrolled child behavior is a result of the recent recognition of the individual worth of the child. Perhaps …

Intent In Fact, Insanity And Infancy: Elusory Concepts In The Exercise Of Juvenile Court Jurisdiction, Martin Frey

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Character Evidence And The Juvenile Record, Terrence N. O'Donnell

Cleveland State Law Review

When a youngster makes a mistake and is arrested for committing a crime, should that act, committed while he is still a juvenile, appear and reappear, to haunt the offender for the rest of his life? There are some people in this country who say that we are not tough enough with our young people. But even they would not want the life of a young person marred forever by a mistake which he made as a juvenile.

The United States Supreme Court And The Juvenile Courts - An Overview, Maurice B. Cohill Jr.

Duquesne Law Review

The Juvenile Court system was conceived and established at the turn of the century, although belated to be sure. In 1899, the first juvenile court in the United States was established in Cook County, Illinois, and within a few years juvenile court laws had been passed in each of the states. The whole philosophy was, and is, based on the concept that youthful offenders should be treated differently than adults. Of course, there are variations in the different statutes; in many states the juvenile age is under 16; in a few it is 21; and in others such as Pennsylvania, …

Court Control Over Treatment Of Juvenile Offenders, Thomas M. Cooley Ii

Duquesne Law Review

The thesis of this paper can be stated simply: to the extent that courts permit procedural (or substantive)' treatment of juveniles which varies from and falls below the constitutional protections which adults may command, and that variance is predicated upon the power of the State to substitute rehabilitation for punishment in dealing with the young, then, and to the same extent, the courts have the duty of seeing to it that the treatment afforded is in fact rehabilitative and not punitive in nature and effect. Otherwise, the courts must face the criticism that: It is not only illogical but blatantly …

Dependent-Neglect Proceedings: A Case For Procedural Due Process, Dianne M. Faber

Duquesne Law Review

Fourteenth Amendment rights of due process and equal protection have continually demanded the attention of the United States Supreme Court in recent years, notably in the area of criminal procedure. Since the Gault decision of 1967, children have been recognized holders of the right to procedural due process in juvenile court delinquency proceedings. Gault provided for right to counsel, right to notice of specific charges or factual allegations, confrontation and cross-examination of witnesses, and the privilege against self-incrimination. In re Winship further extended the child's right to procedural due process by requiring proof beyond a reasonable doubt as the standard …

Constitutional Law - Right To Trial By Jury In Juvenile Delinquency Proceedings, Dennis L. Veraldi

Duquesne Law Review

The Supreme Court of Pennsylvania has held that the right to trial by jury in a juvenile proceeding is not so "fundamental" as to be constitutionally required.

Terry Appeal, 438 Pa. 339, 265 A.2d 350 (1970).

Constitutional Law - Burden Of Proof In A Juvenile Delinquency Proceeding, M. Lawrence Shields Iii

Duquesne Law Review

The Supreme Court of the United States has held that where a juvenile is charged with the commission of a delinquent offense for which institutional confinement may be imposed, due process requires that the charges against him be proved beyond a reasonable doubt.

In re Winship, 397 U.S. 358 (1970).

Criminal Law - Juvenile Delinquency Proceeding - Right To Trial By Jury, Joseph E. Vogrin Iii

Duquesne Law Review

The New York Court of Appeals has overruled the New York Supreme Court, Appellate Division, which held that the Sixth and Fourteenth Amendments require a jury trial in a Family Court Proceeding charging one with being a juvenile delinquent based on an act which if committed by an adult would constitute a felony and thus entitle him to a jury trial.

In Re D., 313 N.Y.S.2d 704, 27 N.Y.2d 90 (1970).

Criminal Law - Juvenile Court Proceedings - Evidence, Daniel Joseph

Duquesne Law Review

The Pennsylvania Superior Court has indicated that a distinction exists as to the admissibility of hearsay evidence in a juvenile proceeding. The distinction is based upon whether the hearsay evidence will help or hurt the child.

Farms Appeal, 216 Pa. Super. 445, 268 A.2d 170 (1970).