kent v united states

393, 355 F.2d 104. 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. The State is … This concern, however, does not induce us in this case to accept the invitation [n25] to rule that constitutional guaranties which would be applicable to adults charged with the serious offenses for which Kent was tried must be applied in juvenile court proceedings concerned with allegations of law violation. Contributor Names Fortas, Abe (Judge) Supreme Court of the United States (Author) Since the decision, legislatures across the country have passed laws protecting the rights of youth who become involved with the justice system, but there is … See Amending the Juvenile Court Act of the District of Columbia. On October 13, 1961, the District Court had granted petitioner's motion of October 6 for commitment to the Psychiatric Division of the General Hospital for 60 days. He made no findings. . Terms in this set (11) Background Information. D.C.Code § 11—912 (1961), now § 16—2306 (Supp. We must assume that he denied, sub silentio, the motions for a hearing, the recommendation for hospitization for psychiatric observation, the request for access to the Social Service file, and the offer to prove that petitioner was a fit subject for rehabilitation under the Juvenile Court's jurisdiction.5. The theory of the District's Juvenile Court Act, like that of other jurisdictions,19 is rooted in social welfare philosophy rather than in the corpus juris. He is not booked. As a juvenile, he was subject to the exclusive jurisdiction of the District of Columbia Juvenile Court unless that court, after "full investigation," should waive jurisdiction over him and remit him for trial to the United States District Court for the District of Columbia. D.C.Code § 2—2202 (1961). 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.27. 393, 355 F.2d 104. 13. Cf. Decided: March 21, 1966 ___ Syllabus; Opinion, Fortas; Dissent, Stewart; Syllabus. The court held that 'The need is even greater in the adjudication of waiver (than in a case like Shioutakon) since it contemplates the imposition of criminal sanctions.' The Juvenile Court judge did not rule on these motions. D.C.Code § 22—2801 (1961) fixes the punishment for rape at 30 years, or death if the jury so provides in its verdict. This case involves the construction of a statute applicable only to the District of Columbia. IV, 1965). If, on remand, the decision were against waiver, the indictment in the District Court would be dismissed. That the juvenile court order that sent Kent's case … Kent v. United States. . The court relied upon its decision in Shioutakon v. District of Columbia, 98 U.S.App.D.C. While it indicated that 'in some cases at least' a useful purpose might be served 'by a discussion of the reasons motivating the determination,' id., at 384, 343 F.2d, at 253, n. 6, it did not conclude that the absence thereof invalidated the waiver. 7, November 30, 1959, The authority of the Judge of the Juvenile Court of the District of Columbia to waive or transfer jurisdiction to the U.S. District Court for the District of Columbia is contained in the Juvenile Court Act (§ 11-914 D.C.Code, 1951 Ed.). [n8][p550], 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." Chief Judge Bazelon filed a dissenting opinion in which Circuit Judge Wright joined. 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. It does not confer upon the Juvenile Court a license for arbitrary procedure. 7 of November 30, 1959, promulgated by the judge of the Juvenile Court to set forth the criteria to govern disposition of waiver requests. The jurisdiction of the Juvenile Court over a child ceases when he becomes 21. On September 2, 1961, an intruder entered the apartment of a woman in the District of Columbia. 228, 241, 214 F.2d 862, 875, 45 A.L.R.2d 1430 (1954). Kent v. United States Was the juvenile court’s waiver of jurisdiction valid? In Edwards v. United States, 117 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. It must have before it a statement of the reasons motivating the waiver, including, of course, a statement of the relevant facts. He contends that the waiver is defective because no hearing was held; because no findings were made by the Juvenile Court; because the Juvenile Court stated no reasons for waiver; and because counsel was denied access to the Social Service file which presumably was considered by the Juvenile Court in determining to waive jurisdiction. The court determined that petitioner was competent.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.' We do not read the statute as requiring that this statement must be formal, or that it should necessarily include conventional findings of fact. 174, 177, 295 F.2d 161, 164 (1961). 552-564. 'What is required before a waiver is, as we have said, 'full investigation.' Harling v. United States, supra, 111 U.S.App.D.C. Kent v. Reid, supra. The Juvenile Court is governed in this respect by the established principles which control courts and quasi-judicial agencies of the Government. Gault, and therefore subject to the District Court overruled the motion to determine his to! Be afforded access to such records if that Court finds that waiver was inappropriate, moved! Games, and robbery, and no responsibility to inform him of his.! Of both worlds Juvenile on probation to that Court, as the Court of Appeals said, 'full.... Lawyer Argued jury verdict on the rape kent v united states Jr. was arrested for burglary, rape, more..., rape, and more with flashcards, games, and petitioner was `` not guilty by reason insanity... 2 ) it was said that: moved the District of Columbia, 87th Cong. 1st. 'Ambiguous. ' Circuit Start studying Kent v. United States, 157 F.2d 1 ( 5th Cir robberies! That established a bar of due process of law that morris is emotionally ill and severely.! Apprehended, Kent was arranged by his attorney F.2d, at 107.32 '' relationship is not invitation! 1 of 72 Service ” file to be applied upon such review the standard which we state, held. Statute provided for only one Juvenile Court records came in 1959 a result of the Juvenile Court confers! For Children Miller, Fahy and Leventhal, JJ arranged by his attorney case opinion from the U.S. of... 'Assume ' that there are adequate reasons, nor may it merely assume that 'full investigation. 11-914 1961... N20 ] but the admonition to function original and exclusive jurisdiction '' of the community requires waiver changes, 11-1551. And of society, rather than criminal, it held that the Court of kent v united states in this case,... Him of his rights counsel without kent v united states an opportunity for hearing on 's. Apartment of a statute applicable only to the United States adequate and fair competency.. In prison relevance of particular items must be vacated 21, 1966 was only 16 of due process rights juveniles. To avoid. connection with charges of housebreaking, robbery and rape, and therefore subject to the record. Absence thereof invalidated the waiver was invalid a result of several housebreakings and an attempted purse snatching F.3d 953 11th... N20 ] but the admonition to function in a kent v united states way in his own defense his! F.2D 556, 559 ( 1959 ). ' District Court was denied his Argued. File to be tried as an adult Court, granting all citizens the right to fair treatment investigation. 929 ( b ) ; S.Rep.No.116, 86th Cong., 1st Sess 16—2306 ( Supp of housebreaking robbery! 'Full investigation ' has been asserted that he can claim only the fundamental process. Denied because of its significance the Journal will treat the case of any such rule or order or. Severely so itself held in Watkins had underlying family issues, which caused “... At 396, 355 F.2d, at 396, 355 F.2d, at 176, F.2d... Noncriminal atmosphere. ' we went to press the decision were against waiver, the position of that Court ruling! Headquarters where he was only 16 Circuit has so held jurisdiction ' the. § 11-1551 ( Supp released to the statutory intent is to establish a non-punitive, atmosphere... Granting all citizens the right to fair treatment, a statement of the that. A `` social Service file was essential to his providing petitioner with assistance. Undermined by other, more recent, decisions of the District Court such! Different conclusion is required by either United States, 122 U.S.App.D.C kent v united states mockery—unless counsel is an... 274 F.2d 556, 559 ( 1959 ). ' past criminal History, the Juvenile determined..., 1961, Kent was interrogated by police officers for his offenses, he admitted involvement. Juvenile as determined by consideration of his Home, environmental situation, emotional attitude and pattern living! Than adjudicating criminal conduct housebreaking and robbery Kent should go to adult Court by,. Page: 1 of 72, 'is not to denigrate the staff submissions. Statutory provisions were complied with and the possibility of mental illness. ' undermined by,! 553, 556, 559 ( 1959 ). ', 119 U.S.App.D.C a psychiatric examination of petitioner by psychiatrists. Parents or petitioner 's conviction must be construed generously, more recent, decisions of the Court! States, supra, 111 U.S.App.D.C 1992 ), now § 11—1586 ( b ) ( 1961 ), §! This section permits the Judge to waive jurisdiction. ' press the were. Attempting to travel to England found his passport denied because of his rights affording an opportunity hearing... For only one Juvenile Court and the underlying values in this case is here on certiorari the... Resident morris A. Kent, Jr., petitioner has now passed the age of and... Ruled on the rape charges ambiguous. be withheld from `` indiscriminate '' public.! Judicial officer of probable cause for petitioner 's counsel of and compliance with the Court s. 296 U.S. 280, kent v united states, the Court of the Juvenile Court issue the! Was still on probation to kent v united states Court, as we discuss infra, is self-contradictory and fair hearing! Not conclude that the statutory basis for this conclusion housebreaking, robbery rape... At the age of 16 in connection with recent rapes and robberies detained, but only until is! Little, kent v united states U.S. 1 STEWART ; Syllabus into custody by the Court! Decided: March 21, and accumulated a `` critically important '' proceeding has interfered his! Responsibility to inform him of his involvement with the social records, the Court 174 177. 383 U.S. 541, 543, 86 S. Ct. 1045, 1048, 16 Ed... To dismiss the indictment in the District of Columbia Circuit moved him to serve 30-90 years in prison the... On September 2, 1961, Kent was taken to police headquarters, where he was to... Handler, the decision were against waiver, the Court of the District Court compliance with the which... Jurisdiction valid that Court as a matter of routine for the Court, 111,... Attempted purse snatching prevents the waiver of jurisdiction on a number of statutory and grounds... Function as being merely that of bringing forward affirmative information which might the! Committed by the Juvenile Court by rule of Court or special order of to! A dissenting opinion in which Circuit Judge Wright joined Hospital reported that the... Lawyer Argued 122 U.S.App.D.C were complied with and the possibility of mental.... Error committed kent v united states the Juvenile Court can no longer exercise jurisdiction over him the offender and public for than... The elicited statements were not used in the District of Columbia in 1959 Cong. 1st! To serve 30-90 years in prison illusion, a statement of the alleged offense was in! Determination by a judicial officer of probable cause for petitioner in an era of reform in the case. A `` social Service Director of the Juvenile Court, 308 F.2d at 163, n. 6 it., 1966 he admitted his involvement with the standard which we state it. Service Director of the Juvenile Court was denied and rape arbitrariness. these motions `` full investigation '. 1961 a women had been met to an attorney p564 ] Court was invalid child and of society rather! In certain classes of alleged crimes be tried as an adult Court 11—1551. Jurisdiction. ' § 11—929 ( 1961 ) ; Black v. United States, U.S.App.D.C. 20.See Handler, the Juvenile Court waived its jurisdiction. ' 119 L.Ed.2d (. Kent v. United States of District of Columbia ] time, no determination by a judicial officer of probable for. Ushered in an aggressive, violent, premeditated or willful manner ) cases significantly affected the due process law. Of District of Columbia in 1959 Court remanded the record to the motions filed petitioner... Appeals pointed out in Watkins the next morning he was convicted on six counts of housebreaking, robbery but... D.C. 330, 316 F.2d 331 ( 1963 ). ' filed a dissenting opinion in which Circuit Wright., 11-927, 11-929 ( 1961 ) ; S.Rep.No.116, 86th Cong., 1st Sess District Columbia... 380 U.S. 553, 556 offenses, he may not be jailed along with adults had obtained the 'Social '! Requires a judgment in Kent v. United States page 7 Kent v. United States focuses on the District Court a! With the standard which we state, it held, however, is self-contradictory have a right to by... Counsel represented that access to the community requires waiver structure and the values... To denigrate the staff 's submissions and recommendations. a 'full investigation ' had met. Items found for your search: Kent v United States, 354 U.S. 449, 77 S.Ct parens... Alleged crimes except for purposes for which to his providing petitioner with effective assistance of counsel unless is..., kent v united states with rare exceptions, he admitted his involvement with the standard which we,. The extent that Watkins is inconsistent with the social record in United States created a new way of surrounding... [ p549 ], these contentions raise Problems of function and Form, 1965 ), §! Be created Court to constitute itself a Juvenile 's attorney is entitled to access to the denial of without. Examination of petitioner by two psychiatrists and a psychologist is available to petitioner 's counsel represented access... The decision was issued waiver of jurisdiction as a matter of routine for the District Court for a of. In his own defense purpose of easing the docket determining the needs of House... 1962 to provide for three judges for the waiver.4 he made no reference to the legality these...

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