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Full-Text Articles in Law
Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent
Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent
Pepperdine Law Review
No abstract provided.
Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder
Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder
Pepperdine Law Review
No abstract provided.
A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett
A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett
Pepperdine Law Review
Society has been plagued with the problem of whether the police, the courts and the correction agencies are to administer juveniles for their protection and treatment, or for their punishment. To facilitate a better understanding of juvenile administration the authors have analyzed the California juvenile law cases for the year 1979. The article consists of six major area of interest; parent-child custody, sentencing, procedure, jurisdiction, evidentiary and constitutional which will be used to highlight some of the more significant decisions in the past year, thus enabling the reader to assess changes occurring in the juvenile system.
Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff
Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff
Pepperdine Law Review
In the principal case, Fare v. Michael C., the United States Supreme Court rejects the position of the Supreme Court of California that a juvenile's request for the presence of his probation officer constitutes an invocation of the juvenile's right to remain silent within the meaning of the Miranda decision. The author examines the rationale applied by each court enroute to this split of opinion, and suggests a middle ground which would accommodate the concerns of both courts with respect to the protection of an accused juvenile at the custodial interrogation stage.
Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison
Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison
Pepperdine Law Review
Inadequate financial resources and overcrowded juvenile placement facilities have frequently been cited as grounds for the abrogation of the juvenile court's practice of retaining jurisdiction over status offenders. In this article, Judge Quinn suggests the existence of even more compelling reasons which support diversion of status offenders to programs better suited to their particular needs. The author contends that the juvenile court's jurisdiction should be confined to matters of fact-finding and adjudication, rather than intruding into areas within the domain of the parents, and into areas in which the court lacks the necessary expertise. It is argued that diversion of …
A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin
A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin
Pepperdine Law Review
The juvenile court's power to waive jurisdiction which entails the transfer of juvenile offenders to adult courts presents a topic of longstanding controversy. It's rationale, one of protection of the public, has been labeled by the authors as untenable. Moreover, it is asserted that waiver of jurisdiction in such cases contravenes the very cornerstone of the juvenile court process--the doctrine of parens patriae. Three methods of transfer are seen to exist--legislative, prosecutorial, and judicial. Focusing on the latter, the authors posit an argument advocating the abrogation of the concept of waiver. Justification for this proposition is seen to flow from …
Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty
Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty
Pepperdine Law Review
The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …
Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark
Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark
Pepperdine Law Review
The landmark Supreme Court decision in In re Gault established, among other things, a juvenile's right to counsel in delinquency prosecutions. However, the decision left unanswered certain questions relating to the nature and scope of that right. In this article, the author examines whether or not Gault initiated a special due process right to counsel for juveniles apart from that body of sixth amendment law previously developed in criminal cases. Alternatively, he wonders whether Gault was meant to initiate a process of selective incorporation of the Bill of Rights into the juvenile justice system. The author critically analyzes the resulting …
From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib
From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib
Pepperdine Law Review
The Supreme Court's reliance upon research and scholarly commentaries which examine the sociological factors that contribute to delinquent behavior has declined considerably during the last fourteen years. The author, in an effort to explain this decline, analyzes the seven major juvenile cases which have been considered by the Court since 1966. He conducts this analysis by focusing upon the subject matter of each decision, the importance of the issues arising therein and the author of each opinion. While some similarities appear, no consistent pattern emerges from this analysis. The article concludes that while juvenile law is an area which is …