Juvenile Court

Question 1

mature minor

Answer 1

not fully emancipated but legally allowed to make some decisions, based on state statutes

Question 2

In re. E.G.

Answer 2

Right to refuse or consent is linked to maturity.
17yo girl w/leukemia, Jehovah’s witness, refused life-saving transfusion, parents didn’t object. Court upheld her right to refuse tx.

Question 3

Parham v J.L. and J.R.

Answer 3

USSC 1979
Upheld parental mental health admission authority.

Question 3

reproductive rights of minors

Answer 3

most states allow, w/o parental consent, STD tx, and contraception.
Most states require parental consent to abortion, w/judicial bypass.

Question 3

Kent v U.S.

Answer 3

USSC 1966
“Juveniles receive the worse of both worlds…”
Addressed 14A due process in juvenile transfer cases.
16 yo charged w/rape challenged txfer to adult court. (“Kent went to both worlds.”)
Court held a juvenile facing transfer is entitled to:
- a hearing
- access to records
- written statement by judge explaining waiver

Question 4

In re. Gault

Answer 4

USSC 1967
“criminalization” of juve court
“Neither the 14th A nor the Bill of Rights is for adults only.”
Juveniles have right to:
- notice of charges
- counsel
- confrontation & cross examination
- privilege against self-incrimination
- NO right to appeal
Facts: 14yo made crank phone call, taken into custody w/no notice to family, 6y disposition to training school.

Question 5

In re. Winship

Answer 5

USSC 1970
established “beyond a reasonable doubt” standard in juvenile court

12yo Samuel Winship adjudicated delinquent for stealing $112 from a purse, committed to training school based on Preponderance standard.

Question 6

McKeiver v Pennsylvania

Answer 6

jury trials are not constitutionally required in juvenile court

Question 7

Fare v Michael

Answer 7

USSC 1979
Standard for waiver of Miranda is same as adult standard: “voluntarily, knowingly, and intelligently” under the “totality of the circumstances.” (Ie, age and maturity can be factored in.)
16yo questioned regarding murder, requested probation officer.

Question 8

J.D.B. v North Carolina

Answer 8

USSC 2011
A determination of whether the juvenile perceived he was “in custody” in regards to the Miranda warning requires consideration of the juvenile’s AGE.
(Grisso found <14yo perform significantly worse.)

Question 9

When to question juvenile competency

Answer 9

<12 yo
psychiatric dx
intellectual disability
learning disability

There is no recognized standard of competence to stand trial for juveniles.

Question 10

3 types of juvenile waivers

Answer 10

Prosecutorial (discretionary)
- prosecutor decides
- “concurrent jurisdiction law”
Statutory exclusion
- automatic exclusion
- largest # of juveniles in adult court
- “justice on autopilot”
Judicial waiver
- “descretionary”
- MOST COMMON type of waiver but less commony used
- psychiatrist testimony important

Question 11

Graham v Florida

Answer 11

USSC 2010
Sentencing a juvenile to life w/o parole for a non-homicide crime is a violation of 8A.
(“Just Graham” vs “Miller the killer”)

Question 12

Miller v Alabama

Answer 12

USSC 2012
8A forbids MANDATORY life w/o parole for juvenile homicide offenders.
(“Miller the killer” vs “just Graham”)

Question 13

Other names for status offenders

Answer 13

PINS (persons in need of services)
CHINS (children “)
JINS (juveniles “)

Question 14

Beginnings of juvenile court

Answer 14

House of Refuge in NY, 1825.
Illinois juvenile court, 1899.

Question 15

Breed v Jones

Answer 15

USSC
5A double jeopardy clause applies to juvenile proceedings.

Question 16

Juvenile Justice and Delinquency Prevention Act

Answer 16

1. Est Office of JJDP
2. Emphasized community based tx and prevention.
3. Deinstitutionalized status offenders.
4. Limits placdment of juves in adult institutions: “sight and sound separation”