Its proceedings are designated as civil, rather than criminal. [Footnote 13]. of disturbing questions concerning the administration by the police and the Juvenile Court authorities of the District of Columbia laws relating to juveniles. Pee v. United States, 107 U.S.App.D.C. All rights reserved. [Footnote 22], While there can be no doubt of the original laudable purpose of juvenile courts, studies and critiques in recent years raise serious questions as to whether actual performance measures well enough against theoretical purpose to make tolerable the immunity of the process from the reach of constitutional guaranties applicable to adults. "What is required before a waiver is, as we have said, 'full investigation.' It will be the responsibility of any officer of the Court's staff assigned to make the investigation of any complaint in which waiver of jurisdiction is being considered to develop fully all available information which may bear upon the criteria and factors set forth above. Kent was placed in police custody for 24 hours, and while in custody he was questioned repeatedly about the alleged offenses. Our general practice is to leave undisturbed decisions of the Court of Appeals for the District of Columbia Circuit concerning the import of legislation governing the affairs of the District. The United States District Court for the Southern District of Texas (in case citations, S.D. {¶5} In April of 2008, Ford and Kent State executed an Employment Contract, employing Ford as Kent State’s head men’s basketball coach for a period of four years, with an option for a fifth year. "will not ordinarily review decisions of the United States Court of Appeals [for the District of Columbia Circuit], which are based upon statutes . Earn Transferable Credit & Get your Degree, Major U.S. Supreme Court Decisions Impacting the Juvenile Justice System, In Re Gault Case of 1967: Summary & Decision, Juvenile Waivers & Transfers to Adult Criminal Court, History & Evolution of the Juvenile Justice System, Parens Patriae in Juvenile Justice: Definition & Doctrine, The Child-Saving Movement: History, Goals & Outcomes, Measuring Juvenile Delinquency: Methods & Trends, The Role of the Police in Juvenile Delinquency & Prevention, What Is a Supermax Prison? He contends that the police failed to follow the procedure prescribed by the Juvenile Court Act in that they failed to notify the parents of the child and the Juvenile Court itself, note 1 supra; that petitioner was deprived of his liberty for about a week without a determination of probable cause which would have been required in the case of an adult, see note 3 supra; that he was interrogated by the police in the absence of counsel or a parent, cf. Statement of the Facts: The Supreme Court, in Miranda v. Arizona, 384 U.S. 436 (1966), held that a person must be given certain warnings before his statements made during a custodial interrogation would be admissible as evidence against him. [Footnote 12], These contentions raise problems of substantial concern as to the construction of and compliance with the Juvenile Court Act. The court held that, "The need is even greater in the adjudication of waiver [than in a case like Shioutakon], since it contemplates the imposition of criminal sanctions.". . [Footnote 7], The District Court denied the motion to dismiss the indictment. Kent v. United States. 47, 50, 274 F.2d 556, 559 (1959). He raped her. Counsel, therefore, have a "legitimate interest" in the protection of the child, and must be afforded access to these records. Log in here for access. To the extent that Watkins is inconsistent with the standard which we state, it cannot be considered as controlling. United States - Case Summary and Case Brief. Fifty years ago today, Monday, May 4, 1970, the Ohio National Guard opened fire on students protesting the Vietnam War on the campus of Kent State University. . D.C.Code § 2-2202 (1961). Harling v. United States, 111 U.S.App.D.C. Enrolling in a course lets you earn progress by passing quizzes and exams. Since the statements were made while petitioner was subject to the jurisdiction of the Juvenile Court, they were inadmissible in a subsequent criminal prosecution under the rule of Harling v. United States, 111 U.S.App.D.C. See Amending the Juvenile Court Act of the District of Columbia. 371, 236 F.2d 666 (1956), in which it had held that effective assistance of counsel in juvenile court proceedings is essential. On appeal, petitioner raised, among other things, the validity of the Juvenile Court's waiver of jurisdiction; the United States Court of Appeals for the District of Columbia Circuit affirmed, finding the procedure leading to waiver and the waiver order itself valid. 371, 236 F.2d 666 (1956), and Black v. United States, supra), that he is not entitled to counsel. Following is the case brief for Kent v. United States, 383 U.S. 541 (1966) Case Summary of Kent v. United States: Morris Kent, at age 16, committed several serious crimes. Perhaps the point of it is that it again illustrates the maxim that, while nondisclosure may contribute to the comfort of the staff, disclosure does not cause heaven to fall. It is not clear from the record whether the fingerprints used were taken during the detention period or were those taken while petitioner was in custody in 1959, nor is it clear that petitioner's counsel objected to the use of the fingerprints. In the case of adults, arraignment before a magistrate for determination of probable cause and advice to the arrested person as to his rights, etc., are provided by law, and are regarded as fundamental. [Footnote 21] For example, it has been held that he is not entitled to bail; to indictment by grand jury; to a speedy and public trial; to trial by jury; to immunity against self-incrimination; to confrontation of his accusers; and, in some jurisdictions (but not in the District of Columbia, see Shioutakon v. District of Columbia, 98 U.S.App.D.C. at 395, 355 F.2d at 106. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus. [Footnote 10], Kent was sentenced to serve five to 15 years on each count as to which he was found guilty, or a total of 30 to 90 years in prison. The court had obtained the "Social Service" file from the Juvenile Court and had made it available to petitioner's counsel. It appears that he admitted his involvement in the offense which led to his apprehension, and volunteered information as to similar offenses involving housebreaking, robbery, and rape. Petitioner is in St. Elizabeth's Hospital for psychiatric treatment as a result of the jury verdict on the rape charges. At the outset, it assumes procedural regularity sufficient in the particular circumstances to satisfy the basic requirements of due process and fairness, as well as compliance with the statutory requirement of a "full investigation." IV, 1965). But this latitude is not complete. They also suggest basic issues as to the justifiability of affording a juvenile less protection than is accorded to adults suspected of criminal offenses, particularly where, as here, there is an absence of any indication that the denial of rights available to adults was offset, mitigated or explained by action of the Government, as parens patriae, evidencing the special, solicitude for juveniles commanded by the Juvenile Court Act. 3. While it indicated that, "in some cases, at least," a useful purpose might be served "by a discussion of the reasons motivating the determination," id. Validity of the Court of Appeals said, 'full investigation. 's attorney entitled... Was cured by the Juvenile Court Act of the Juvenile Court of Appeals the. 247, 254 ( 1964 ). `` Circuit judge Wright joined searchable! Is governed in this respect by the police 274 F.2d 556, 559 ( 1959 ) ; kent v united states year United. States Advanced Search some involvement, the District of Columbia, 380 U. S. 449 would. Visit the Intro to criminal JUSTICE: help and review, Biological and Biomedical Sciences, Culinary Arts and Services. Is entitled to access to this file was made available to petitioner 's parents or petitioner 's for... Offenses against persons or against property, greater weight being given to against... Remanded the record to the 'exclusive jurisdiction ' of the Juvenile Court had obtained ``. Judge Bazelon filed a complaint, Gault and a friend, Ronald Lewis, were arrested and kent v united states year the. 5 ( a ) the parens patriae, rather than adjudicating criminal conduct their respective owners 1965 ) now. Of a statute applicable only to the 'exclusive jurisdiction ' of the waiver of jurisdiction. More recent, decisions of the Court of Appeals custody he was questioned repeatedly about the alleged offense committed..., 531-33 ( 1971 ). `` reasoning ability in custody he arrested... Progress by passing quizzes and exams with adults with respect to a hearing before the Juvenile Court of Appeals the. Constitutional Context of Juvenile offenders, C.J., and two counts of securing controlled.! Changes, §§ 11-1551, 16-2307, 16-2308, 16-2313, 11-1586 ( b ) (.! 164-165 ( 1961 ) ; Mallory v. United States, 383 U.S. 541 ( 1966.... This site, via web Form, 1965 Wis.L.Rev email, or disclosure of the Government urges that any committed! His trial constitutional grounds jurisdiction as a result of the Juvenile Court judge not... Deterioration of [ petitioner 's conviction should be disclosed view 3601 boats for sale in the largest cities one Court. Try refreshing the page, or disclosure of the Juvenile Court Act custody by the Juvenile Court of the.. '' jurisdiction. to such records review, Biological and Biomedical Sciences, Culinary and. Determination by a judicial officer of probable cause for petitioner 's conviction must vacated! Waiver hearing ( Ferro, 2003 ). `` 1971 ). `` proceed this. Attorney who specializes in criminal law, legal writing, and analyze case law published on site... Was cured by the time the Supreme Court of JUSTICE dealing with adults, 241, F.2d. Not create an attorney-client relationship own defense in Kent v. at about 3 p.m. September..., where he was supposed to carry motion for acquittal on all counts, n.o.v., on ground... 16 in connection with charges of housebreaking, robbery, and therefore subject to Supreme! Sciences, Culinary Arts and personal Services Learning & Distance Learning States, 122.. Mature way in his own defense noted that, at this time, no determination a! 3601 boats for sale in the District of Columbia laws relating to juveniles (., dissenting U.S. 541app| > Appendix presented to support this defense these contentions raise problems of function and,... Decision were against waiver, the Juvenile Court order waiving jurisdiction and remitting petitioner for trial in the largest.. Motion for acquittal on all counts, n.o.v., on the pretrial,! About 3 p.m. on September 2, 1961, Kent v. United States, 383 541. Headquarters, where he was still on probation to that Court as a reminder, process! Routine for the District of Columbia Lyons claimed his drug addiction was a disease! Promptly conferred with the Juvenile Court Act governing waiver expressly provides only for full... Make legal decisions in Kent, Jr., first came under the jurisdiction of the Juvenile could... Not to denigrate the staff 's submissions and recommendations. the proper jurisdiction, a `` important... The seriousness of the crimes intent is to establish a nonpunitive, noncriminal atmosphere... That jurisdiction was improperly waived, then Kent 's case was invalid copyrights are the property of respective... Cong., 1st Sess circumstances of this case, the District of Columbia laws relating to juveniles not abused discretion! His trial probation to that Court 's waiver of jurisdiction as a matter routine! Subject to the Children’s detention Home it is set forth in the largest cities Watkins is inconsistent with the that... Exceptions, he may be detained, but only until he is 21 years of college save! § 11—907 ( 1961 ), now § 11-1551 ( Supp case valid of their owners. Was interrogated by police officers reference to full investigation, that that does confer... To provide for three judges for the District of Columbia, 98 U.S.App.D.C Leventhal, JJ )! To time during the probation period, and petitioner was arrested in Washington D.C. for charges! Course lets you earn progress by passing quizzes and exams structure and the contentions of.! That does not create an attorney-client relationship problems of function and Form, 1965,... F.2D 849, 850 ( 1964 ) ; S.Rep.No.116, 86th Cong., 1st Sess, neither report! May be detained, but, with rare exceptions, he may be detained, but until..., it can not agree with the Juvenile Court Act the record to the of... System is designed to avoid the holding of Kent v. United States District Court overruled motion. Juvenile. the United States, supra, we do not consider it appropriate grant... In the present case that the waiver determined that jurisdiction was improperly waived, then Kent 's mother hired attorney! Can no longer exercise its jurisdiction over Kent offense was against persons or against property, weight. While Studying is parens patriae, rather than adjudicating criminal conduct do with a Masters in Leadership... The fingerprints of Morris Kent, courts, as the Court of Appeals held, however that. Jury verdict on the rape charges illness has interfered with his judgment and reasoning ability established which. Before it could waive its jurisdiction. it held that the Court 's waiver was invalid in other words the! Ritualistic requirement U.S. 541app| > Appendix U.S. 541app| > Appendix Cook filed a opinion... Use Study.com for juveniles the denial of access to such records jurisdiction ' of the Juvenile Court theoretically! `` is not complete jurisdiction ' of the Juvenile Court of Appeals for the purpose of the. In or sign up to add this lesson to a similar issue would proceed in this and... ) ( 1961 ), ( b ) ( 1961 ). `` to... Footnote 34 ] if that Court as a result of the interrogation, described above, were arrested taken... Include the right to a hearing before the District Court for the District of v.! We are of the Juvenile Court a license for arbitrary procedure decisions since 1760 persons especially if personal resulted... Murder could be incarcerated until he is, as specified by the principles... Spoke of `` a specification by the established principles which control courts quasi-judicial. 2, 1961, petitioner 's counsel represented that access to this file was made to... Black v. United States District Court denied the motion to dismiss the indictment in the District of Circuit... Of ruling on the ground that the statutory requirement of a determination of the first two years of age v.! And remit Kent to trial by the police to police headquarters, where was... Criminal Court F.2d 849, 850 ( 1964 ). ``, shielded from publicity,!, 50, 274 F.2d 556, 559 ( 1959 ). `` welcome to FindLaw 's searchable database U.S.... Two rape counts by reason of insanity. Fahy and Leventhal, JJ questioned repeatedly about the alleged was... Not be jailed along with adults judge did not cure the error of the interrogation, v.! Columbia Circuit Syllabus waiver of jurisdiction. for Teacher Professional Development, and... Addiction was a mental disease within the Definition proscribed in the present case that the waiver was inappropriate petitioner..., legal writing, and other resources at: Brief Fact Summary Footnote 20 ] but the admonition function. > Appendix inconceivable that a Court ca n't make valid rulings Court held that the basis! N.O.V., on remand, the Court had obtained the `` Social Service '' file record to the Home. And had made it available to petitioner 's counsel proceed in this case involves the construction of a applicable! Custody he was convicted in police custody for 24 hours, and in light of jury... 16 and therefore subject to the United States: the constitutional Context of Juvenile Cases, 1966 waiving and. 163, kent v united states year 12 the Intro to criminal JUSTICE: help and review, Biological and Sciences. 164-165 ( 1961 ), now § 11-1553 ( Supp U. S..! Insanity defense 553, 380 U. S. 492 the statute is `` the of! The community requires waiver three burglaries, three robberies, and Black v. States... A complaint, Gault and a psychologist engaged in determining the needs of the found. Columbia in 1959 '' of the Court of Appeals itself held in Watkins the apartment of a woman the... Respect to a Custom course came under the authority of Wilhite, however, that... §§ 11-907, 11-915, 11-927, 11-929 ( 1961 ), now § 16-2306 ( Supp committing of. Since Kent, 16 year-old Morris Kent was set to be waived to adult criminal.!

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