Due process is a constitutional guarantee of a fair process promised to every criminal defendant. The Juvenile Court Act confers upon the child a right to avail himself of that court's "exclusive" jurisdiction. This is in the teeth of the ruling in United States v. Wood (3 Wash. 440), and the rule laid down in all the American authorities ... as long ago as the year 1666, it was resolved in the House of Lords 'that in case oath should be ... At common law, the second marriage was always void (2 Kent, Com. The sophistication and maturity of the juvenile as determined by consideration of his home, environmental situation, emotional attitude and pattern of living. Pp. In the District Court, appellant sought disclosure of the social record in order to attack the validity of the waiver. [Footnote 28] (Emphasis supplied.) In Edwards v. United States, 117 U.S.App.D.C. patriae, rather than prosecuting attorney and judge. 174, 177-178, 295 F.2d 161, 164-165 (1961). It held, however, that this is "the kind of adversarial tactics which the system is designed to avoid." In Kent v. United States, the Supreme Court ruled on the due process rights of juvenile offenders. It should not be remitted to assumptions. He may be confined, but, with rare exceptions, he may not be jailed along with adults. lessons in math, English, science, history, and more. (1961); S.Rep.No.116, 86th Cong., 1st Sess. At about 3 p.m. on September 5, 1961, Kent was taken into custody by the police. A knowledge of the Judge's criteria is important to the child, his parents, his attorney, to the judges of the U.S. District Court for the District of Columbia, to the United States Attorney and his assistants, and to the Metropolitan Police Department, as well as to the staff of this court, especially the Juvenile Intake Section. The District Court ordered that the time to be spent at St. Elizabeth's on the mandatory commitment after the insanity acquittal be counted as part of the 30- to 90-year sentence. IV, 1965), and remit Kent to trial by the District Court. 174, 295 F.2d 161 (1961). - Definition, Types & Features, What Is Franking Privilege? 409, 343 F.2d 278 (1964). United States - Case Summary and Case Brief. (1959-1960); Additional Judges for Juvenile Court, Hearing before the House Committee on the District of Columbia, 86th Cong., 1st Sess. Kent v. United States, 119 U.S.App.D.C. We are of the opinion that the Court of Appeals misconceived the basic issue and the underlying values in this case. See Handler, The Juvenile Court and the Adversary System: Problems of Function and Form, 1965 Wis.L.Rev. . as have a legitimate interest in the protection. Interestingly, Kent was 21 by the time the Supreme Court heard his case. 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. 119 U.S.App.D.C. There was no arraignment during this, time, no determination by a judicial officer of probable cause for petitioner's apprehension. Those cases were decided by different panels of the Court of Appeals from that which decided the present case, and, in view of our grant of certiorari and of the importance of the issue, we consider it necessary to resolve the question presented instead of leaving it open for further consideration by the Court of Appeals. (2) It failed to give an adequate and fair competency hearing. Counsel, together with petitioner's mother, promptly conferred with the Social Service Director of the Juvenile Court. Abstract: By a 5 to 4 majority, the U.S. Supreme Court reversed and remanded the case of Kent v. United States, because "the Juvenile Court's order waiving jurisdiction was entered without compliance with required procedures." at 384, 343 F.2d at 253, n. 6, it did not conclude that the absence thereof invalidated the waiver. The basis for this distinction -- that petitioner was "sane" for purposes of the housebreaking and robbery but "insane" for the purposes of the rape -- apparently was the hypothesis, for which there is some support in the record, that the jury might find that the robberies had anteceded the rapes, and, in that event, it might conclude that the housebreakings and robberies were not the products of his mental disease or defect, while the rapes were produced thereby. 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? 122 U.S.App.D.C. We agree that the order of the Juvenile Court waiving its jurisdiction and transferring petitioner for trial in the United States District Court for the District of Columbia was invalid. 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." The authority of Wilhite, however, is substantially undermined by other, more recent, decisions of the Court of Appeals. . 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. . CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus. (1961); S.Rep.No.841, 87th Cong., 1st Sess. 47, 50, 274 F.2d 556, 559 (1959). A hearing would allow the court the opportunity to validly investigate the matter to determine whether Kent should be tried as a juvenile or as an adult. Anyone can earn IV, 1965). It is not a grudging gesture to a ritualistic requirement. Therefore, the Judge has consulted with the Chief Judge and other judges of the U.S. District Court for the District of Columbia, with the United States Attorney, with representatives of the Bar, and with other groups concerned and has formulated the following criteria and principles concerning waiver of jurisdiction which are consistent with the basic aims and purpose of the Juvenile Court Act. He took her wallet. There is no question that the order is reviewable on motion to dismiss the indictment in the District Court, as specified by the Court of Appeals in this case. at 389, 343 F.2d at 258. In that case, the Court of Appeals held, for purposes of a determination as to waiver of jurisdiction. While the Juvenile Court judge may, of course, receive ex parte analyses and recommendations from his staff, he may not, for purposes of a decision on waiver, receive and rely upon secret information, whether emanating from his staff or otherwise. On November 16, 1961, petitioner moved the District Court to dismiss the indictment on the grounds that the waiver was invalid. This section permits the Judge to waive jurisdiction "after full investigation" in the case of any child, "sixteen years of age or older [who is] charged with an offense which would amount to a felony in the case of an adult, or any child charged with an, offense which if committed by an adult is punishable by death or life imprisonment.". 228, 241, 214 F.2d 862, 875, 45 A.L.R.2d 1430 (1954). With the juvenile court waiving its jurisdiction, Kent was set to be tried as an adult in district court. Counsel made known his intention to oppose waiver. Because we conclude that the Juvenile Court's order waiving jurisdiction of petitioner was entered without compliance with required procedures, we remand the case to the trial court. of the child. However, petitioner has now passed the age of 21, and the Juvenile Court can no longer exercise jurisdiction over him. [Footnote 8], 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." IV, 1965). As a reminder, due process is a constitutional guarantee of a fair process promised to every criminal defendant. It prevents the waiver of jurisdiction as a matter of routine for the purpose of easing the docket. He may be held in custody by the juvenile authorities -- and is available to investigating officers -- for five days before any formal action need be taken. . 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. The court relied upon its decision in Shioutakon v. District of Columbia, 98 U.S.App.D.C. Start studying Kent v. United States. 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 Supreme Court held that the Due Process Clause of the 14 th Amendment did not guarantee the right to trial by jury in the adjudicative phase of a state juvenile court delinquency proceeding. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile (if he is found to have committed the alleged offense) by the use of procedures, services and facilities currently available to the Juvenile Court. We agree with the Court of Appeals that the statute contemplates that the Juvenile Court should have considerable, latitude within which to determine whether it should retain jurisdiction over a child or -- subject to the statutory delimitation [Footnote 14] -- should waive jurisdiction. 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. The motion was renewed orally and denied on February 8, 1963, after the District Court's decision that the indictment should not be dismissed. Two prior Supreme Court cases dealt with a juvenile's rights once the juvenile had been transferred to adult criminal court. We do not read the statute as requiring that this statement must be formal, or that it should necessarily include conventional findings of fact. [Footnote 20] But the admonition to function in a "parental" relationship is not an invitation to procedural arbitrariness. If, however, it finds that the waiver order was proper when originally made, the District Court may proceed, after consideration of such motions as counsel may make and such further proceedings, if any, as may be warranted, to enter an appropriate judgment. 6. first two years of college and save thousands off your degree. As to the denial of access to the social records, the Court of Appeals stated that "the statute is ambiguous." He may be detained, but only until he is 21 years of age. 7. of disturbing questions concerning the administration by the police and the Juvenile Court authorities of the District of Columbia laws relating to juveniles. 7 of November 30, 1959, promulgated by the judge of the Juvenile Court to set forth the criteria to govern disposition of waiver requests. D.C.Code § 11â907 (1961), now § 11â1551 (Supp. Mar 21, 1966 Facts of the case Morris A. Kent Jr., a 16-year-old boy, was detained and interrogated by the police in connection with several incidents involving robbery and rape. These are now, without substantial changes, §§ 11-1551, 16-2307, 16-2308, 16-2313, 11-1586 (Supp. And Kent's due process rights entitled him to a hearing before the juvenile court before it could waive its jurisdiction. ", The prosecutor opposed a finding of incompetence to stand trial, and at the prosecutor's request, the District Court referred petitioner to St. Elizabeth's Hospital for psychiatric observation. An error occurred trying to load this video. at 413, 343 F.2d at 282. (Emphasis supplied.) Log in or sign up to add this lesson to a Custom Course. 5. 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. 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Select a subject to preview related courses: The Supreme Court explained that the juvenile court had an obligation to properly investigate whether it should waive its jurisdiction as a matter of due process. Petitioner's counsel represented that access to this file was essential to his providing petitioner with effective assistance of counsel. He was arrested again and charged with three burglaries, three robberies, and two counts of rape. Create your account. Defendant, Robert Lyons was indicted on twelve counts of securing controlled narcotics. In Kent v. United States, 16-year-old Morris Kent was detained and interrogated by Washington, D.C. police officers regarding a slew of robberies and other crimes. 119 U.S.App.D.C. 383 U. S. 552-564. IV, 1965). 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. Petitioner's counsel filed a motion in the Juvenile Court for a hearing on the question of waiver, and for access to the Juvenile Court's Social Service file which had been accumulated on petitioner during his probation for a prior offense. The indictment contained eight counts alleging two instances of housebreaking, robbery, and rape, and one of housebreaking and robbery. It characterized counsel's proper function as being merely that of bringing forward affirmative information which might help the court. The statute was amended in 1962 to provide for three judges for the court. Its proceedings are designated as civil, rather than criminal. | {{course.flashcardSetCount}} To unlock this lesson you must be a Study.com Member.
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