Juvenile Law Commons^™

The Juvenile At Waiver: Is Counsel Required?, Anon

Washington Law Review

The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …

The Juvenile At Waiver: Is Counsel Required?, Anon

Washington Law Review

The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …

Custody Disputes And The Proposed Model Act, Carroll Leavell

Georgia Law Review

In the Adventures of Huckleberry Finn, Mark Twain describes the situation of Huck who had recently come into money, when his "drunken vagrant" father came home to claim his "rights"; Roscoe Pound used this satire to remark upon "the extent to which the older law neglected the individual interests of children... ." That this neglect continues is evident to even the most casual reader of custody cases.

Recent publicity given an Iowa case, Painter v. Bannister, has focused the attention of the public on the troubled area of custody law. A storm of protest was aroused when an Iowa judge …

Constitutional Law--Due Process In Juvenile Court Proceeding, John Hampton Tinney

West Virginia Law Review

No abstract provided.

Juvenile Delinquency--Jurisdiction--Double Jeopardy, John Woodville Hatcher

West Virginia Law Review

No abstract provided.

A Proposal For A Modified Standard Of Care For The Infant Engaged In An Adult Activity

Indiana Law Journal

No abstract provided.

The Effect Of The Gault Decision On The Iowa Juvenile Justice System, Martin Frey

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Equal Protection For The Illegitimate, Harry D. Krause

Michigan Law Review

In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …

The Kent Case And Juvenile Courts In Virginia, Kermit V. Rooke

University of Richmond Law Review

In an article in the October, 1966, issue of the American Bar Association Journal, Honorable Robert Gardner, Judge of the Superior Court of Orange County, Cali- fornia, directs the attention of the legal profession to the juvenile courts of this country and suggests corrective action in respect to various phases of the operation of these courts. His concern and immediate anxiety were occasioned by the decision of the United States Supreme Court in the case of Morris A. Kent v. United States,; wherein by a 5 to 4 opinion that court found irregularity in the handling of a case in …

Book Review, David B. Mcclure

Cleveland State Law Review

Reviewing George C. Newman, ed., Children in the Courts - The Question of Representation, Institute of Continuing Legal Education, 1967

Constitutional Rights In Juvenile Court, Joseph L. Rubin

Cleveland State Law Review

On June 20, 1966, the United States Supreme Court noted that it had probable jurisdiction in the case of In Re Gault. Ten months and three weeks later, the Supreme Court reached a landmark decision on judicial handling of juvenile delinquency matters. On May 15, 1967, the court handed down a ruling that many of the constitutional procedural protections previously observed only in adult trials are also applicable to children in juvenile court proceedings. This decision portends a major change in the manner in which most of the nation's three thousand juvenile courts have been functioning. The significance of this …

Torts--Rebuttable Presumption Of Child's Incapacity For Contibutory Negligence, Jerry David Hogg

West Virginia Law Review

No abstract provided.

Problem Of Age And Jurisdiction In The Juvenile Court, C. William Reiney

Vanderbilt Law Review

The waiver provisions produce a conflict between the ideal of the juvenile court that the "best interests" of the child shall be protected and the demand of society that society be protected. Perhaps in so doing, they help define the true role of the juvenile court. The juvenile court is a part of our legal system, a system which must protect many interests of individuals and groups. The juvenile court can do no less. Apparently, the United States Supreme Court in the 1965 term has adopted this view of the juvenile court. The waiver provisions are, thus, a necessary adjunct …

Toward Uniform Guardianship Legislation, William F. Fratcher

Michigan Law Review

The Model Probate Code, part IV of which covers guardianship of the persons and property of infants and mental incompetents, was published in 1946 under the auspices of the University of Michigan Law School. It was prepared for the Probate Law Division of the Section of Real Property, Probate, and Trust Law of the American Bar Association by its Model Probate Code Committee in cooperation with the research staff of the Law School. No state has adopted the Model Probate Code in its entirety, but parts of it have been enacted in Arkansas, California, Colorado, Delaware, Hawaii, Illinois, Indiana, Missouri, …

A Critical View Of The Uniform Crime Reports, Sophia M. Robison

Michigan Law Review

No one would deny that the FBI performs a vital function in investigating, identifying, and tracking down suspects who may endanger the life, liberty, and property of Americans. However, this writer feels that the Uniform Crime Reports published by the FBI should be subjected to a very critical analysis. Of primary concern are the indiscriminate acceptance of the official data by legislators and social science investigators and the doubtful inferences which a frightened public draws from news releases proclaiming that "the U.S. is sitting on a seething volcano of crime."

Foster Parents Versus Agencies: A Case Study In The Judicial Application Of "The Best Interests Of The Child" Doctrine, Sanford N. Katz

Michigan Law Review

A recurring problem which courts face is the need to resolve the conflict which arises when foster parents challenge the decision of agencies that have disqualified these persons from continuing their relationship with or adopting their foster child. This article will explore the role of courts in resolving these disputes and will suggest some criteria by which the courts may be guided in deciding such questions.

Buck: Children For Adoption, Sanford N. Katz

Michigan Law Review

A Review of Children for Adoption by Pearl Buck

Fireworks, Explosives, Guns, And Minors, George Braun

Cleveland State Law Review

In most of the United States the laws governing the sale and use of fireworks, explosives and flammable decorations follow the form of control regulations recommended by the National Fire Prevention Association. These severely restrict the use of explosives and fireworks (with the exception of paper caps for toy guns) to adults. Ohio has led the trend by imposing safeguards more restrictive than most states and, by recent statutes together with decisions, imposing strict standards against manufacturers, sellers, keepers, users or other handlers of explosives and fireworks in attempts to effectively control the hazards presented by these products.

Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review

Michigan Law Review

Despite serious illness, plaintiff requested, in accordance with her religious beliefs as a Jehovah's Witness, that blood transfusions not be administered to her. Upon the request of her physician and several assistant state's attorneys, a court-appointed guardian was authorized to consent to a blood transfusion for the plaintiff, and a transfusion was administered. On appeal of the court's action to the Supreme Court of Illinois, held, order reversed. The authorization of a blood transfusion for an adult Jehovah's Witness who has only adult children is an unconstitutional interference with the patient's right to the free exercise of her religion.

Obscene Literature, Law Review Staff

Vanderbilt Law Review

Obscene Literature

In 1959 the United States Supreme Court in Smith v. California'held a city and county ordinance unconstitutional for failure to require scienter on the part of a defendant. That ordinance, like many other ordinances and state statutes, subjected a bookseller to criminal prosecution for the sale of obscene literature regardless of whether he knew that it was obscene. The Court reasoned that such an ordinance would result in a bookseller's refusal to sell many publications which would not be legally suppressible but which the seller suspected of being obscene, perhaps without having read them. This self-censorship would constitute …

The Juvenile Offender And Self-Incrimination, Rodger W. Pegues

Washington Law Review

A juvenile offender whose case has been transferred from juvenile court to criminal court may be confronted with incriminating statements which he made during the course of the juvenile proceedings. The admissibility in a criminal prosecution of confessions and admissions made by a juvenile to police, probation officers, juvenile court judges, or other juvenile authorities involves important issues of public policy and constitutional law. The problem typically arises when a youth of sixteen or seventeen commits an act which, were he an adult, would be characterized as a crime. The youth has a history of several juvenile offenses. He is …

The Juvenile Offender, Some Problems And Possible Solutions, Scotty Baesler

Kentucky Law Journal

No abstract provided.

A Child Conceived Through Artificial Insemination By A Third-Party Donor Is Illegitimate-Gursky V. Gursky, Michigan Law Review

Michigan Law Review

Husband and wife, upon discovery of the husband's inability to father children, sought to have the wife artificially inseminated. The husband gave his written consent to the clinical impregnation and agreed to pay for it. As a result of the artificial insemination a child was born. Subsequently, the wife sought an annulment and petitioned for support of this child. Held, annulment granted, and child declared illegitimate. A child conceived through artificial insemination by a third-party donor, even though done with the consent of the mother's husband, is illegitimate. Gursky v. Gursky, 39 Misc. 2d 1083, 242 N.Y.S.2d 406 …

Child Custody In A Federal System, Leonard G. Ratner

Michigan Law Review

Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.

Procedural Problems In Virginia Juvenile Delinquency Hearings, Richard Crouch

William & Mary Law Review

No abstract provided.

Juvenile Delinquency In Sweden, Hans Grobe

Kentucky Law Journal

No abstract provided.

Evidence--Infant's Pleading As A Judicial Admission, Ralph Charles Dusic Jr.

West Virginia Law Review

No abstract provided.

The Role Of Juvenile Court Judge, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The recent development in American federal criminal evidence law to be examined and compared with English law in this paper, is a new evolutionary turn taken by the husband-wife privilege against adverse spousal testimony, manifest in the Supreme Court decision of Wyatt v. United States. The House of Lords, in Rumping v. D.P.P., just decided, suggests that the English spousal privileges might be susceptible of similar development.

Parent-Child Tort Actions, Richard W. Dunn

Cleveland State Law Review

The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.