CRIM 309
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| Kent v. United States | modified due process protection for juveniles. waiver (transfer to adult court) without a hearing is invalid
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| In re Gault | in cases that may result in commitment to institution, juveniles have right to: notice, counsel, question/cross-examine, protection against self-incrimination
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| In re Winship | the standard of evidence for adjudication of delinquency should be "proof beyond a reasonable doubt"
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| McKiever v. Pennsylvania | juries would not enhance the accuracy of adjudication process and could adversely affect the informal atmosphere of the non-adversarial juvenile court hearing process
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| Breed v. Jones | double jeopardy applies at adjudication hearing as soon as evidence is presented
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| Swisher v. Brady | subordinate judicial officers may hear delinquency trials; a judge is not required
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| Schall v. Martin | preventative detention of juveniles is appropriate tool of crime. rationale used to justify: juveniles are dangerous, in some form of custody, need to be protected from themselves, preventative detention is not used as punishment
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| Fare v. Michael | miranda warnings given to juveniles applies the same way it does for adults
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| West v. United States | juvenile confessions must be voluntary under the "totality of circumstances"
- youth's age, education, intelligence
- length and conditions of interrogations
- youth's ability to confer with parents and other adults
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| Tinker v. Des Moines | students do not "shed their rights" at the school gates. schools do not have absolute authority over students
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| New Jersey v. TLO | in school, a search is considered reasonable and within constraints of Fourth Amendment if there is reasonable suspicion that criminal activity is occurring. Search must be conducted by school officials
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| Roger v. Simmons | death penalty is cruel and unusual punishment for youth less than 18 years of age at the time of offense and is unconstitutional under 18th amendment
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