BCJ 2201 Unit 5 Case Study

21 Aug No Comments

Unit 5 Case study

Columbia Southern University

These are some cases that were greatly affected by juveniles and how due process impacted their cases. I will start off with the case of Kent v. United States is about a boy who was taken into custody of the police and asked about some robberies and rapes that have happened in the neighborhood. Kent made a statement that implied he had something to do with these incidents. The juvenile courts then took away their jurisdiction to the case. Kent was now being tried as an adult for something that he might not have done. The juvenile courts did not do a investigation but that was against the law. That made Kent want to get the indictment against him thrown out. Kent was told that he would be in jail for 30 plus years after they said he was guilty. The supreme court found out that the waiver the juvenile courts had turned in was not valid, and to top it all off they did do an investigation before taking away their jurisdiction on the case. Paperwork was written to take a look at the case a second time.

In this case In re Gault, a young man by the name of Gault was taken to the police department because his neighbor claimed he called her and said something repulsive. At the time of the arrest the young man was on probation. The unsuspecting working parents were unaware of the situation and were not notified. The accuser did not show up to court. Gault was without counsel and the court did not anyone recording the matter. The judge locked Gault up until he was twenty one. The juvenile court was not compliant with any laws pertaining to the fourth amendment. They did not let Gault know what he was being charged with, he did not have a lawyer, and he had nothing that would stop him from incriminating himself (Oyez, 2018, In re Gault).

The final case is In re Winship, Samuel was arrested for supposedly taking money from a woman’s purse that was placed in a locker room. The prosecutors case was based off Section 744 (b) of the New York Family Court Act. Winship was still found guilty even without evidence that he did the crime. The young boy submitted a appeal but they both were rejected. His case went up as far as the Supreme Court and was then granted certiorari.

References

Oyez, 30 Aug 2018. “Kent v. United States.” Retrieved from www.oyez.org/cases/1965/104

Oyez, 30 Aug 2018. “In re Gault.” Retrieved from www.oyez.org/cases/1966/116

Oyez, 31, Aug 2018. “In re Winship.” Retrieved from www.oyez.org/cases/1969/778




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