The Juvenile Court Act confers upon the child a right to avail himself of that court's "exclusive" jurisdiction. 174, 295 F.2d 161 (1961); Bynum v. United States, 104 U.S.App.D.C. 552-564. Harling v. United States, 111 U.S. App. Dickerson v. United States Case Brief. U.S. 541, 552] No. Match. In these circumstances, considering particularly that decision as to waiver of jurisdiction and transfer of the matter to the District Court was potentially as important to petitioner as the difference between five years' confinement and a death sentence, we conclude that, as a condition to a valid waiver order, petitioner was entitled to a hearing, including access by his counsel to the social records and probation or similar reports which presumably are considered by the court, and to a statement of reasons for the Juvenile Court's decision. D.C. 378, 343 F.2d 247 (1964). Petitioner was arrested at the age of 16 in connection with charges of housebreaking, robbery and rape. Decided March 21, 1966. He is not booked. U.S. 449 3. 17 ", On March 7, 1963, the District Court held a hearing on petitioner's motion to determine his competency to stand trial. [ The court had obtained the "Social Service" file from the Juvenile Court and had made it available to petitioner's counsel. Borden v. United States. According to a letter from the Superintendent of St. Elizabeths of April 5, 1962, the hospital's staff found that petitioner was "suffering from mental disease at the present time, Schizophrenic Reaction, Chronic Undifferentiated Type," that he had been suffering from this disease at the time of the charged offenses, and that "if committed by him [those criminal acts] were the product of this disease." U.S. 541, 550], At trial, petitioner's defense was wholly directed toward proving that he was not criminally responsible because "his unlawful act was the product of mental disease or mental defect." Kent v. United States, In re Gault, and In re Winship. It may not "assume" that there are adequate reasons, nor may it merely assume that "full investigation" has been made. [ There is no irrebuttable presumption of accuracy attached to staff reports. ] Petitioner is in St. Elizabeths Hospital for psychiatric treatment as a result of the jury verdict on the rape charges. Footnote 15 . 7. [ That court affirmed. ] See Pee v. United States, supra, at 54, 274 F.2d, at 563; Paulsen, Fairness to the Juvenile Offender, 41 Minn. L. Rev. 4. The court case was tried in 1996. Apart from raising questions as to the adequacy of custodial and treatment facilities and policies, some of which are not within judicial competence, the case presents important challenges to the procedure of the police and Juvenile Court officials upon apprehension of a juvenile suspected of serious offenses. Ibid. Morris A. Kent, Jr., first came under the authority of the Juvenile Court of the District of Columbia in 1959. Docket no. 15 [383 United States, 111 U.S.App.D.C. D.C. 47, 274 F.2d 556 (1959). Oct. 17, 2020. Test. It appears, however, that two cases decided by the Court of Appeals subsequent to its decision in the present case may have considerably modified the court's construction of the statute. It is to petitioner's arguments as to the infirmity of the proceedings by which the Juvenile Court waived its otherwise exclusive jurisdiction that we address our attention. All Legal Terms; Family & Estate Planning; Business & Real Estate; Civil Law; Criminal Law Argued Jan. 19, 1966. 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. 307 F.2d 637 Brief Filed: 2/62 Court: United States Court of Appeals for the D.C. of the public can not be adequately safeguarded without . Petitioner was detained at the Receiving Home for almost a week. GMX Suche - schnell, übersichtlich, treffsicher finden. ] It also appears that the District Court requested and obtained the Social Service file and the probation staff's report of September 8, 1961, and that these were made available to petitioner's counsel. 0.0 0 votes 0 votes Rate! 5 (3) It denied the motion to constitute itself a juvenile court pursuant to D.C. Code 11-914 (1961), now 11-1553. To the surprise of some, the Court overturned the appeals court’s decision and found instead for Kent, citing the hasty nature of the original juvenile court’s move to yield jurisdiction to a criminal court without a notification hearing for the defendant’s sake. We hold that it does not. Stay up-to-date with FindLaw's newsletter for legal professionals. IV, 1965). Court was cured by the proceedings before the District Court. Contributor Names Fortas, Abe (Judge) Supreme Court of the United States (Author) Footnote 22 ] All States have juvenile court systems. The child is protected against consequences of adult conviction such as the loss of civil rights, the use of adjudication against him in subsequent proceedings, and disqualification for public employment. [383 It prevents the waiver of jurisdiction as a matter of routine for the purpose of easing the docket. . D.C. Code 11-907, 11-915, 11-927, 11-929 (1961). Kent’s objections to … KENT v. UNITED STATES, 383 U.S. 541 (1966) Argued January 19, 1966. Mr. 19 U.S. 1 See Amending the Juvenile Court Act of the District of Columbia, Hearings before Subcommittee No. If on remand the decision were against waiver, the indictment in the District Court would be dismissed. It would be extraordinary if society's special concern for children, as reflected in the District of Columbia's Juvenile Court Act, permitted this procedure. I was assigned by the United States Court of Appeals to prefect … Theodore G. Gilinsky, Washington, D.C., for respondent. He did not recite any reason for the waiver. Syllabus ; View Case ; Petitioner Kent . The Court of Appeals in this case relied upon Wilhite v. United States, 108 U.S. App. The statutory intent is to establish a non-punitive, non-criminal atmosphere." Footnote 27 Pee v. United States, 107 U.S. App. (1959); H. R. Rep. No. of the child .   ] At the time of these events, there was in effect Policy Memorandum No. 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. 00-1471 : Kentucky Association of Health Plan v. Miller - Amicus (Merits) pdf: Merits Stage Amicus Brief : 2001 Term : No. we feel that he is incompetent to stand trial and to participate in a mature way in his own defense. . We believe that this result is required by the statute read in the context of constitutional principles relating to due process and the assistance of counsel. Ian_Hicks56. [Footnote 13] But "[t]he premise that property interests control the right of the Government to search and seize has been discredited." The sophistication and maturity of the juvenile as determined by consideration of his home, environmental situation, emotional attitude and pattern of living. [ [ If that court finds that waiver was inappropriate, petitioner's conviction must be vacated. It characterized counsel's proper function as being merely that of bringing forward affirmative information which might help the court. Kent v. United States Was the juvenile court’s waiver of jurisdiction valid? U.S. 541, 558] [ as have a legitimate interest in the protection . Welche Faktoren es bei dem Kauf Ihres Samplitude Mac zu beachten gibt. 7. But the admonition to function in a "parental" relationship is not an invitation to procedural arbitrariness. Google Chrome, IV, 1965) and remit Kent to trial by the District Court. on the question of waiver." General Motors Corp. v. District of Columbia, Jenkins v. United States. The Court of Appeals for the District of Columbia Circuit has so held. EDF in the UK Recommended for you. (1961); S. Rep. No. that his case should have remained in juvenile court as he was only 16. [383 . D.C. 174, 176, 295 F.2d 161, 163, n. 12 (1961), without warning of his right to remain silent or advice as to his right to counsel, in asserted violation of the Juvenile Court Act and in violation of rights that he would have if he were an adult; and that petitioner was fingerprinted in violation of the asserted intent of the Juvenile Court Act and while unlawfully detained and that the fingerprints were unlawfully used in the District Court proceeding. (1961); Juvenile Delinquency, Hearings before the Subcommittee to Investigate Juvenile Delinquency of the Senate Committee on the Judiciary, 86th Cong., 1st Sess. Fed. 383 U.S. 541. latitude within which to determine whether it should retain jurisdiction over a child or - subject to the statutory delimitation [ This jurisdiction confers special rights and immunities. 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. D.C. 279, 281 F.2d 642 (1960). It has been asserted that he can claim only the fundamental due process right to fair treatment. The District Court ordered that the time to be spent at St. Elizabeths on the mandatory commitment after the insanity acquittal be counted as part of the 30- to 90-year sentence. Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner. The charge derives its name from Allen v. United States, 164 U.S. 492, 17 S.Ct. Kent moved to dismiss the indictment because the juvenile court did not conduct a "full investigation" before waiving jurisdiction, as required by the Juvenile Court Act. ." 28 United States, 111 U.S.App.D.C. This Memorandum has since been rescinded. The Government urges that any error committed by the Juvenile . . The Kent case helped lead the way in the development of a list of eight criteria and principles. Under Black, the child is entitled to counsel in connection with a waiver proceeding, and under Watkins, counsel is entitled to see the child's social records. With him on the brief were Solicitor General Marshall, Assistant Attorney General Vinson, Nathan Lewin and Beatrice Rosenberg. See United States v. Caviness, 239 F. Supp. Petitioner was arrested at the age of 16 in connection with charges of housebreaking, robbery and rape. It is very easy to chat online or even get out on dating. U.S. 553, 556 D.C. 348, 308 F.2d 303 (1962). 122 U.S. App. Chief Judge Bazelon filed a dissenting opinion in which Circuit Judge Wright joined. In Black v. United States, decided by the Court of Appeals on December 8, 1965, the court No hearing is required. Title U.S. Reports: Kent v. United States, 383 U.S. 541 (1966). Internet Explorer 11 is no longer supported. It does not confer upon the Juvenile Court a license for arbitrary procedure. Kent v. Dulles, 357 U.S. 116 (1958), was a landmark decision of the US Supreme Court on the right to travel and passport restrictions as they relate to First Amendment free speech rights. D.C. 228, 241, 214 F.2d 862, 875 (1954). ] D.C. Code 22-2801 (1961) fixes the punishment for rape at 30 years, or death if the jury so provides in its verdict. It is of the essence of justice. Morris A. Kent, Jr., first came under the authority of the Juvenile Court of the District of Columbia in 1959. Circuit Year of Decision: 1962. 164 . The Court of Appeals has held in Black, and we agree, that counsel must be afforded to the child in waiver proceedings. ] It should be noted that at this time the statute provided for only one Juvenile Court judge. After admitting some involvement the juvenile court waived its jurisdiction. Syllabus. With respect to access by the child's counsel to the social records of the child, we deem it obvious that since these are to be considered by the Juvenile Court in making its decision to waive, they must be made available to the child's counsel. Jan 19, 1966. Argued. [ ] In Watkins, the Court of Appeals seems to have permitted withholding of some portions of the social record from examination by petitioner's counsel. 104 . Background Information. Kent v. United States, 383 U.S. 541 by Associate Justice Abe Fortas and Publisher Originals. Decided March 21, 1966. Lower court United States Court of Appeals for the District of Columbia Circuit . IV, 1965). He is only sixteen, he shouldn't be here, in adult court   ] The panel was composed of Circuit Judges Miller, Fahy and Burger. U.S. 541, 559] IV, 1965). All rights reserved. 368, 262 F.2d 465 (1958). . D.C. 371, 236 F.2d 666 (1956), and Black v. United States, supra) that he is not entitled to counsel. . [383 MR. JUSTICE STEWART, with whom MR. JUSTICE BLACK, MR. JUSTICE HARLAN and MR. JUSTICE WHITE join, dissenting. Kent, 383 U.S. 552-554. Lower court United States Court of Appeals for the District of Columbia Circuit . Citation 383 US 541 (1966) Argued. ] These are now, without substantial changes, 11-1551, 16-2307, 16-2308, 16-2313, 11-1586 (Supp. 2. Copyright © 2020, Thomson Reuters. ( SCOTUS ) cases significantly affected the due process for youth waived to the Court of Appeals 104 App., together with petitioner or petitioner 's ] personality structure and the Juvenile Court is governed in this involves... 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