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UNIT V CASE STUDY UNIT V BCJ 2201
Kent v. U.S.
Morris Kent was a sixteen-year-old juvenile charged with rape and robbery in 1961. After admitting guilty to the charges, his counsel filed for a judicial hearing as jurisdictional norms required so. Despite this, the judge denied the request stating that they will waive jurisdiction after full investigations were conducted. After being found guilty, Kent was sentenced 30-90 years in prison (National Research Council et al., 2013).
By making an appeal to the Supreme Court, it was found that juvenile case transfer to adult court hearings should be held and that juvenile court judge should not have as much discretion on such issues. Also, counsel should be given access to social information regarding the juvenile and a reason behind the waiver to an adult court. In short, juvenile hearings should follow due process as much as adult hearing do (National Research Council et al., 2013).
In re Gault
In 1962, Gerald Gault was sentenced to a state reformatory until he was 21 for making an obscene call to a Mrs. Cook. Without a witness statement or a court records, he was detained for a day until the judge contemplated on the decision. All this time, his parents were not notified of the situation, and there was no due process followed (National Research Council et al., 2013).
His parents appealed to the Arizona and U.S. Supreme Court where it was mandated that juveniles ought to have an attorney represent them, should be informed of the charges against them, should interrogate the witnesses, should be shielded from self-implication, should receive records of the court hearings and petition against a court’s decision (National Research Council et al., 2013).
In re Winship
Samuel Winship was a 12-year-old boy in 1970 indicted for stealing a $112 from a woman’s handbag in a store. A worker at the store stated that he had seen Winship steal the money but other people around claimed he wasn’t in a position to see the act. During this time the amount of evidence required to judge a juvenile was of preponderance nature (National Research Council et al., 2013).
The court decided to define and increase the amount of evidence required to judge a delinquent to match that of criminals. As there were no such constitutional laws that regulated this, therefore, risking juvenile misjudgments. In re Winship raised evidence to ‘beyond reasonable doubt’ (National Research Council et al., 2013).
References
Lahey, J. (2017, May 22). Where Children Are Still Denied Due Process. Retrieved from https://www.theatlantic.com/education/archive/2017/05/the-children-being-denied-due-process/527448/
Lindsey, L. L. (2016). Gender roles: A sociological perspective (6th ed.). New York City, NY: Routledge.
McLean, K., Wolfe, S. E., & Pratt, T. C. (2018). Legitimacy and the Life Course. Journal of Research in Crime and Delinquency. doi: 10.1177/0022427818793934
National Research Council, Division of Behavioral and Social Sciences and Education, Committee on Law and Justice, & Committee on Assessing Juvenile Justice Reform. (2013). Reforming Juvenile Justice: A Developmental Approach. J. A. Schuck, B. M. Chemers, R. L. Johnson, & R. J. Bonnie (Eds.). Washington D.C., DC: National Academies Press.
Pepinsky, H. (2013). Peacemaking Criminology. Routledge Handbook of Critical Criminology. doi:10.4324/9780203864326.ch14
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