Kent v. United States Juveniles… not old enough to vote, drive, buy/use alcohol, enter casinos, or even see a rated “R” movie legally. So, then what makes them eligible to be tried as adults in the court of law? A common sense decision to enforce more mature behavior, or a glaring flaw in the system that causes more conflict than solution? There are many opinions on how juvenile court decisions should be handled in our judicial system today. The verdicts of numerous trials in the 60’s , including Kent v. United States(1966), came at a time of major development in the court system of the United States, and are still a huge topic of discussions today. The many significant trials of juveniles, including Kent, have dramatically shaped and …show more content…
The significant landmark supreme court case of Kent v. United States involving juvenile court involves the criminal involvement of Morris A. Kent. In 1966, Kent was sixteen years old when he was detained and interrogated by police in connection to many counts of robbery, home burglaries, and rape in the District of Columbia (Kent). A woman had reported that an intruder had broke into her apartment home and stole her wallet and raped her. Fingerprints were found at the crime scene and easily traceable to Kent. Kent confessed to the crimes and released information of his involvement with several similar incidents. Kent had an earlier criminal history with the juvenile court. He was arrested at the age of fourteen for burglary and robbery, and in result he was put on probation under the guidance of his single mother. In accordance to Kent’s arrest at age sixteen, his attorney had …show more content…
The violation of the eighth and fourteenth amendment were brought up. The eighth amendment protects against cruel and unusual punishments. This was said to be violated when Morris Kent was not allowed juvenile hearing and immediatelly sent to criminal courts and given sixty to ninety years in prison. The other amendment said to be violated was the fourteenth. This was violated when Kent was claimed to have not had equal protection under the court of law. This case was made on the main issue of whether there was sufficient enough facts for the juvenile court to waive jurisdiction (Gardner). This case brought looks upon the parens patriae doctrine that states the court should be of protection for this person unable of self protection and intervene as demanded (Paulsen). This forced the Supreme Court to act upon these issues and unjusts. The Supreme Court then went into trialing of the case to determine a
Case 442 U.S. 707 Fare v. Michael C. February 27, 1979 through June 20, 1979. This case involves Michael C., a sixteen year old juvenile, brought to the police station in California by Van Nuys police on a murder investigation. The juvenile was read his Miranda prophylactic protection rights before being questioned; he requested to speak to his probation officer but was denied. Michael agreed to speak with the officers and also waived his rights to counsel. While doing this, he brought forward incriminating statements against him that in return, the juvenile landed himself in court on a murder trial.
Attorneys; Luke Levis and Chris John. Oral Argument Case no: 17: 5525 Table of Contents I. Table of authorities 2 II. Statement of issues presented for view 3 III. Jurisdictional Statement 4 IV. Procedural History 4 V. Summary of facts 5 VI.
J.D.B v. North Carolina, involved a 13-year-old, seventh-grade student. J.D.B was stopped and questioned by police when they observed him near the site of two home break-ins. Five days later, a digital camera matching one of the items from one of the home break-ins was found at J.D.B’s school and was observed to be in J.D.B.’s possession. Investigator Diconstanzo went to the school and a uniformed police officer went to the school and removed J.D.B. from his classroom and escorted him to a closed-door conference room. Police and school administrators questioned him for a minimum of 30 minutes; without giving him his Miranda warnings or the opportunity to call his legal guardian.
In the case of Fare versus Michael C., the question at hand is whether a juvenile defendant requesting to speak with his probation officers was a violation of his Fifth Amendment right to remain silent. The important issue was to dissect rather Michael C. requesting to have his probation officer present was equivalent to an attorney representation. When informed that this was not possible, he waived his rights and made admissions. In 1979, police officers arrested sixteen-year-old Michael C. involving him in a murder that occurred during a robbery in the victim's home. Since the age of twelve, Michael had been on probation and had a long criminal offense background.
In September of 1961, a woman from District of Columbia had an intruder break into her apartment. While the invader of the home was there, they had taken her wallet, and also raped the woman. During the investigation of the crime, the police had found some latent fingerprints in the apartment. The police then established and processed the prints. The prints were then connected back to 16 year old Morris A. Kent.
While children’s personhood is sufficient to qualify them as constitutional rights holders, “children’s rights have, from the outset, looked different from adults’ rights, and the Court has made some effort to account for these differences.” In general, the Court recognizes three justifications for the conclusion that the constitutional rights of children cannot be equated with those of adults: (1) the peculiar vulnerability of children; (2) their inability to make critical decisions in an informed, mature manner; and (3) the importance of the
It is shocking to know that before 1967 youths in the United States did not have the same rights as adults in court. Before the landmark case In Re Gault individuals underage were not promised the freedoms under the fourteenth amendment. The court system did not take juvenile delinquent cases as seriously. It was almost as if they brushed the delinquents under the rug and put them into a detention center the first chance they got. The Supreme Court came to the conclusion that in the case of In Re Gault the requirements for due process were not met.
This aspect is concerned with the powers that be placing the defendant on trial, and proving that a law had been violated by
What if your loved one was savagely killed by a teenager with no remorse? Juveniles should be convicted as adults for ferocious crimes because even though they are “kids” they kill innocent people and should get punished for the crime they committed. Teenagers commit gruesome crimes like murder and knowing what they are makes the situation far worse. In the article “Kids are Kids-Until They Commit Crimes” the author Jennifer Jenkins talks about the teenagers that committed gory murders against innocent people that didn’t deserve to die like a road animal. For example, a 13 year old shot to death an english teacher.
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
In Paul Thompson’s article “Startling Finds on Teenage Brains” the author talks about how that teenagers who committed crimes should not be treated as adults in the legal system. Thompson also talked about how statistically teenage brains are still developing throughout their teenage years. The author Paul Thompson is more credible because not only he provided heavy words and having an expansive vocabulary he also provided examples from facts and his own research as well. Specifically, in the article and on paragraph 6 the author uses examples from his research and resides it with the current topic and to his own opinions, in the paragraph he mixed both ethos and logos to try in luring readers. The technique that Thompson uses is very unique,
There are many children in the world who are being put behind bars and detained for alleged wrongdoing without protections they are entitled to. Throughout the world, children are charged and sentenced for actions that should not be considered as adult crimes. Here in the United States, the minimum age of criminal responsibility is age 12. Law enforcement officials and those in the juvenile justice system nationwide tend to mistreat underage individuals by trying cases while working through the lens of an adult. Unfair punishments are still handed down domestically, which is in violation of Supreme Court law.
The Supreme Court found that Gault was violated of his14th amendment right for proper due process. The Juvenile court also failed in giving proper notice of charges, representation, and privilege against
When children and teens commit a violent crime such as murder, courts convict them as adults. This means that children as young as eight have been tried as adults in court. Eventually, these convicts will be housed in jails with adults. Despite the federal law stating that juvenile and adult inmates must be separated, most states do not comply with these rules. Furthermore, a law that varies throughout the states is the age in which courts send the children to adult or juvenile prisons.
Juvenile Justice Issues In today’s society the youth generation seems to be facing some problems that there is no solution for. Juveniles are participating in many wrongdoing activities that they are not being held accountable for. I see many gray areas when it comes to the juveniles justice system and I strongly believe there should be changes made in order to help these juveniles be deterred from such behavior so they do not continue down a path that can affect the rest of their lives.