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"Sexual Motivation" After State V. Halstien: Still Hazy For His Teenage Peers, Robert E. Lipscomb
"Sexual Motivation" After State V. Halstien: Still Hazy For His Teenage Peers, Robert E. Lipscomb
Washington Law Review
In State v. Halstien, the Washington Supreme Court upheld the constitutionality of a juvenile statute that provides for a charge of sexual motivation in offenses other than sex offenses. Such motivation, if proven, becomes an aggravating factor that a judge may consider (along with any mitigating factors) in sentencing. In rejecting the argument that the statute was void for vagueness, the court should have clarified the statute by requiring a finding that the defendant manifested a sexual disorder, as well as a finding that sexual motivation was a substantial factor in the offense.
A Juvenile's Right Against Compelled Self-Incrimination At Predisposition Proceedings, Renée M. Willette
A Juvenile's Right Against Compelled Self-Incrimination At Predisposition Proceedings, Renée M. Willette
Washington Law Review
State courts have struggled to balance the tensions between the juvenile justice system and a juvenile's constitutional rights at post-adjudicatory predisposition proceedings. Washington courts do not provide a clear standard for protecting a juvenile's rights at these proceedings. This Comment examines the punitive nature of Washington's juvenile justice system and argues that the right against self-incrimination should attach at juvenile predisposition proceedings. It also argues that a grant of use and derivative use immunity at such proceedings provides optimal protection for juvenile rights because it safeguards a juvenile's rights while fostering the treatment component of the Juvenile Justice Act.