Breed V. Jones (1975) Waiver Case

Meghan Wallace
Juvenile Justice- Dr.Samuels
02/26/15
Case Profiling
Case: Breed v. Jones (1975) Waiver Case

Issue: The violation of Jones fifth amendment of double jeopardy for youths.

Facts: Gary Steven Jones was 17 years old, he was charged with for being armed with a deadly weapon and committing robbery. He was sentenced to an adjudicatory hearing and petition was filed. The petition was upheld since there were numerous witnesses. Jones was declared as “not amenable to the care, treatment, and training program available through the facilities of the juvenile court.” Jones was transferred to a California criminal court through a judicial waiver.

Outcome: Jones was convicted of robbery and had an indeterminate sentence to the CYA.

Facts: Christopher Simmons, was a 17 year old, who plotted to commit burglary and murder. He planned with his friends, Benjamin and Tessmer, to break into a woman’s home, tie her up then throw her into the river. He planned it out. He broke into Shirley Cooks home, a lady who was involved in a car accident. While Simmons was committing the crime, he tied her up and threw her into the river. Then bragged to his friends about it because she seen his face. When Simmons was taken into custody, he admitted everything on a videotape.

Outcome: Simmons was convicted of first-degree murder and sentenced to death. However, he appealed his conviction twice and the Missouri Supreme Court sentenced him to life imprisonment without the possibility of parole or release except by governor act, while setting aside the death sentence.

Impact: That juveniles 18 and under couldn’t be charged with the death penalty because it was viewed as cruel and unusual. Especially since, juveniles were less developed than adults and were more prone to peer pressure.

Case: Thompson v. Oklahoma

Impact: The Supreme Court decided that the minimum age for the death penalty in capital cases is 16 years old.

Case: Schall v. Martin (1984)

Issue: Martin’s attorney felt as though Martins’ preventive detention violated the due process clause of the 14th Amendment.

Facts: Gregory Martin was a 14 year old kid, who was arrested on December 13th, 1977 in NYC. Martin was charged with first-degree murder, second-degree assault, and criminal possession of a weapon. He gave police a false name and address, and during the fact-finding hearing, it was based on false information that he gave the police officers. Detained for a total of 15 days.

Outcome: He was an adjudicated delinquent and placed on two years’ probation. When the Supreme Court hear the case, they upheld the detention as constitutional.

Impact: That Supreme Court had given the states, the right to control if they wanted to hold juveniles in preventive detention pending a subsequent adjudication. The court decided that the preventive detention of juveniles by the states is constitutional if judges perceive that youth pose a danger to society or risk if released short of an adjudicatory