Juvenile Law Commons^™

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).

Juries For Juveniles: Solving The Dilemma, James Carr

Loyola University Chicago Law Journal

No abstract provided.

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, …

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 …

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.

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 …

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 …

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).

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).

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).

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.

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

Maryland Law Review

No abstract provided.

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.

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?

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, …

Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review

Michigan Law Review

The Uniform Probate Code (Code), which was approved by the American Bar Association in August 1969, deals with the problem of inheritance by illegitimates both with regard to intestate succession-section 2-109-and also with regard to the construction of a bequest to "children" by will-section 2-611. This Note will examine the issue whether the Code, which presents a comprehensive model for probate reform, deals with the problem of inheritance by illegitimates in an appropriate, desirable, and constitutional manner. The Code provisions concerning illegitimacy relate to many other provisions of the Code in which childhood status is relevant; therefore, it will be …

Juvenile Courts - Proper Quantum Of Proof In Juvenile Hearings. In Re Samuel Winship, 90 S. Ct. 1068 (1970), Dennis L. Beck

William & Mary Law Review

No abstract provided.

Statutes--Vagueness Of Phrase "Contributing To Delinquency Of A Minor", Steven C. Hanley

West Virginia Law Review

No abstract provided.

Dependency And Neglect: Indiana's Definitional Confusion, Dirk William De Roos

Indiana Law Journal

No abstract provided.

The Legal Response To Child Abuse, Thomas J. Donovan

William & Mary Law Review

No abstract provided.

Juvenile Courts--Insanity Defense No Bar To Adjudication To Delinquency, George William Lavender Iii

West Virginia Law Review

No abstract provided.

Book Reviews, Maurice H. Merrill, Tom C. Clark, Anthony Platt

Vanderbilt Law Review

Discretionary Justice: A Preliminary Inquiry

By Kenneth Culp Davis Baton Rouge: Louisiana State University Press. 1969. Pp. xii,233. $8.50

reviewer: Maurice H. Merrill

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Gambling and Organized Crime

By Rufus King Washington:Public Affairs Press, 1969. Pp. viii, 239. $6.00

reviewer: Tom C. Clark

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The Throwaway Children

By Lisa Aversa Richette New York:J.B. Lippincott, 1969. Pp. x, 342. $6.95

reviewer: Anthony Platt

Platt: The Child Savers: The Invention Of Delinquency, Joseph Whitehill

Michigan Law Review

A Review of The Child Savers: The Invention of Delinquency by Anthony M. Platt

Responsibility In The Juvenile Court, Sanford J. Fox

William & Mary Law Review

No abstract provided.

Vernon's Annotated Texas Civil Statutes Article 2338-1, Section 3(F), Defining Delinquent Child As One Who Habitually So Deports Himself As To Injure Or Endanger The Morals Or Health Of Himself Or Others, Is Not Unconstitutionally Vague., Raul Garcia

St. Mary's Law Journal

Abstract Forthcoming.

The Criminal Responsibility Of The Juvenile Murderer, Martin Frey

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Evolution Of Juvenile Court Jurisdiction And Procedure In Texas, Martin Frey

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.