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Constitutional Law

University of Richmond Law Review

1975

In re Gault

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Constitutional Law-Criminal Law-Criminal Prosecution Subsequent To Juvenile Court Adjudicatory Hearing Constitutes Double Jeopardy Jan 1975

Constitutional Law-Criminal Law-Criminal Prosecution Subsequent To Juvenile Court Adjudicatory Hearing Constitutes Double Jeopardy

University of Richmond Law Review

In the late nineteenth century, the juvenile court system was established in this country to deal with youths who had committed criminal offenses, were likely to do so, or were otherwise in need of state supervision. Contrary to the criminal system, the juvenile courts began with articulated goals of treatment and rehabilitation. In theory, the state, acting through the juvenile system and under the doctrine of parens patriae, would shield the juvenile from the harsh reality of the criminal courts by placing him within a paternalistic judicial framework with a vast spectrum of remedies and a minimum of procedural formalities.