Intro/Juvenile Court Proceedings

Question 1

Constitutional Rights Binding on States

Answer 1

• Fourth Am prohibition against unreasonable search and seizure, and the exclusionary rule
• Fifth Am privilege against compulsory self-incrimination
• Fifth Am prohibition against double jeopardy
• Sixth Am right to speedy trial
• Sixth Am right to public trial
• Sixth Am right to confront witnesses
• Sixth Am right o compulsory process for obtaining witnesses
• Sixth Am right to assistance of counsel in felony cases and in misdemeanor cases in which imprisonment is imposed
• Eighth Am prohibition against cruel and unusual punishment
• Eighth Am prohibition against excessive fines

Question 2

Constitutional Rights Not Binding on States

Answer 2

• right to indictment by grand jury for capital and infamous crimes
• has not yet been determined whether 8th Am prohibition against excessive bail creates right to bail (BUT most state constitutions create right to bail and prohibit excessive bail)

Question 3

Juvenile Court Proceedings - Rights That Must Be Afforded

Answer 3

• written notice of charges
• assistance of counsel
• opportunity to confront and cross-examine witnesses
• right not to testify
• right to have guilt established by proof beyond reasonable doubt

Question 4

Juvenile Proceedings - Jury

Answer 4

• SCOTUS has held NO right to jury trial in juvenile delinquency proceedings

Question 5

Juvenile Court Proceedings - Pretrial Detention

Answer 5

• allowed where it is found that the juvenile is a “serious risk” to society, as long as detention is for a strictly limited time before trial may be held

Question 6

Juvenile Court - Double Jeopardy

Answer 6

• if juvenile court adjudicates a child a delinquent, jeopardy has attached + prohibition against double jeopardy prevents child for being tried as an adult for the same behavior