Exam #3 Cases Flashcards
(23 cards)
Charge: Robbery and Rape
Facts: Waived to adult court without investigation to determine if appropriate
Ruling: due process protection in waiver cases: must have investigation to determine if waiver is appropriate
Requires 2 elements:
1) He___g
2) D___mentation of whey they are being waived.
What case?
Kent V. US (1966)
1) hearing
2) documentation
Facts:
Prank phone call
– Arrested without alerting his parents, not released to parents for
several days
– Only one notification that trial would proceed (3-4 days before
trial)
– Sentenced to serve in facility until 21 years old
■ Victim did not show up, no witnesses
Ruling:
Youth have all due process protections as adults do
In Re Gault (1967)
Elements:
Time to prepare defense, parents should be alerted of arrest,
need to have valid confession/sworn statement from witness to
sentence to confinement
All juveniles have the right to an attorney
which case?
Uniform Juvenile Court Act 1968
Robbery, theft, assault, and escaping police
– Tried together: one got probation, the other prison
– No jury at trial, just judge
■ Ruling: no jury trials needed for juveniles
Which case?
McKeiver v. Pennsylvania (1971)
17 years old
– Robbery
– Found guilty, then in dispositional hearing judge sent case to adult
court
– In adult court, Gary was found guilty again
– Argued double jeopardy
■ Ruling: double jeopardy—cannot be tried in juvenile and then adult
court for same crime
Which case?
Breed v. Jones (1975
Ruling: no death penalty for juveniles
Which case?
Roper v. simmons (2005)
Ruling: juvis can only get life in prison for homocide
which case?
Graham v. flordia
American bar Association (1979)
Released 7 principeles for how juvies should be handled in waiver cases
Kent V. US (1966)
Ruling: due process protection in waiver cases: must have investigation to determine if waiver is appropriate
In Re Gault (1967)
Ruling:
Youth have all due process protections as adults do
Uniform Juvenile Court Act 1968
All juveniles have the right to an attorney
McKeiver v. Pennsylvania (1971)
■ Ruling: no jury trials needed for juveniles
Breed v. Jones (1975
■ Ruling: double jeopardy—cannot be tried in juvenile and then adult
court for same crime
Roper v. simmons (2005)
Ruling: no death penalty for juveniles
Graham v. flordia
Ruling: juvis can only get life in prison for homocide
American bar Association (1979)
Released 7 principeles for how juvies should be handled in waiver cases
People v. Dominguez (1967)_
female was prohibited from becoming
pregnant while on probation
Jones v. Commonwealth (1946):
juvenile had to attend church.
Standard for Adjudication
Beyond reasonable doubt
Standard for revocation hearings
preponderance of evidence
Youth must have a revocation hearing (due process right) if probation is being revoked
what case?
Gagnon v. Scarpelli (1973)
