Law Commons^™

Constitutional Rights Of Youthful Offenders; In The Matter Of Gault, Robert M. Kunczt

Akron Law Review

After the decisions in Gideon v. Wainwright, 372 U. S. 335 (1963), Miranda v. Arizona, 384 U. S. 436 (1966), and Escobedo v. Illinois, 378 U. S. 478 (1964), which revealed the Supreme Court's solicitude of the constitutional rights of adults, it seemed improbable that the lower courts would long be permitted to continue ignoring the constitutional rights of juveniles. Thus the decision in the principal case, which represents a breakthrough in the assurance of a fair hearing to minors, comes as no surprise. The case holds that under the Fourteenth Amendment a juvenile has a right to notice of …

Neo-Federalism, Popular Sovereignity, And The Criminal Law, Terrance M. Messonnier

Akron Law Review

The first area is the substantive criminal law, especially at the federal level. In the following pages, this Article will discuss, from a Neo-Federalist perspective, the wide variety of laws found mostly in Title 18 of the United States Code that form our federal criminal law. This Article will suggest that there are both constitutional and pragmatic needs to reexamine what behavior should be punished on a federal level.

The second area is the law regarding criminal procedures. This Article will suggest, from the perspective of Popular Sovereignty, that the current trend to jealously guard jurisdictional prerogatives is not constitutionally …