Ex parte Crouse, 4 Whart. Both state and federal courts now adhere to trial procedures which seek to assure a reliable and clear-cut determination of the voluntariness of the confession offered at trial, Jackson v.
Over half the facilities in which juveniles are held have no psychiatric or social work staff. The overarching themes of these legal and operational changes include a shift from individualized justice to just deserts, from offender to offense, from "amenability to treatment" to public safety, and a cultural and legal reconceptualization of youth from innocent and immature delinquents into responsible and autonomous offenders.
He was there identified by the complaining witness. He apparently learned then that Gerald was in custody. With these basic purposes of the juvenile system and the probable cause requirement in mind, we now turn to compare the ramifications involved in enforcement of the two.
The Invention of Delinquency 2d Ed. In stating the obligation of the judiciary to apply these constitutional rights, this Court declared in Weems v. It merely provides the "custody" to which the child is entitled. Cook or communicate with her at any time.
Ultimately, however, we confront the reality of that portion of the Juvenile Court process with which we deal in this case. Judgments in first three cases reversed and judgment in fourth case affirmed.
These precious rights were fixed in our Constitution only after centuries of persecution and struggle. Such an inherent sense of justice, however, is fragile and can easily be turned to cynicism, helplessness, disillusionment and disrespect.
It can be assumed that in such circumstances a lawyer would advise his client to talk freely to police in order to clear himself. If they were unable to afford to employ counsel, they were entitled, in view of the seriousness of the charge and the potential commitment, to appointed counsel unless they chose waiver.
Indeed, in over half of the States, there is not even assurance that the juvenile will be kept in separate institutions, apart from adult "criminals. The distinction and its significance has been aptly described in the opinion of a Scottish court: Waterfront Commission, U.
In the Matters of Gregory W.
Inherent in youth is a malleable nature, and example can be the most formidable teacher. By formalizing the connection between criminal conduct and coercive intervention, the Court made explicit a relationship previously implicit and unacknowledged.
In Ex parte Crouse, 4 Whart.
Evaporites occur within Triassic rocks exposed along the South Wales coast near Cardiff, where the beds of gypsum form conspicuous white layers in the red marls. United States ex rel.
Immigrants from southern and eastern Europe flooded into the burgeoning cities to take advantage of new economic opportunities, and they crowded into ethnic enclaves and urban ghettoes. Nor does a child need to be protected from himself when he is not in trouble.
But we cannot believe that a lad of tender years is a match for the police in such a contest. Conger Fawcett, San Francisco, Cal. Moreover, this warning may serve to make the individual more acutely aware that he is faced with a phase of the adversary system--that he is not in the presence of persons acting solely in his interest.
Social Order and Disorder in the New Republic.
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