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NCJ Number: 201778 Find in a Library
Title: Review of the Latest Opinions in the Juvenile Justice Field
Journal: Juvenile Justice Update  Volume:9  Issue:4  Dated:August/September 2003  Pages:3-8
Author(s): Michael J. Dale
Date Published: August 2003
Page Count: 3
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This article reviews recent juvenile court findings in pretrial, adjudicatory, dispositional, and post-dispositional proceedings.
Abstract: Within the category of pretrial proceedings, the article reviews cases regarding the admissibility of hearsay evidence at transfer and cases regarding speedy trial issues. Two cases, Kent v. United States and Barth v. Commonwealth, are discussed to illustrate the question of whether hearsay statements that would be inadmissible at trial may be used in a proceeding to transfer a youth to stand trial as an adult. Several other cases involve a juvenile’s right to a speedy trial. One Maryland case upheld a juvenile’s right to a speedy trial as guaranteed by the United States Constitution. Another case in Florida ruled that a violation of procedural rules governing speedy trial principles warranted the dismissal of charges. Within the category of adjudicatory proceedings, the author reviews cases regarding consensual sex between peers. In these cases, the peers were close in age and engaged in consensual sexual activity; the court ruled that such consensual activity between peers of close age should not be criminalized. Also reviewed are cases in which threats were made but ruled by the court as not “true threats.” In these cases, the threats were protected by the first amendment. Within the category of dispositional proceedings, the article reviews cases regarding a court’s lack of authority to commit children for indeterminate periods of time, cases regarding dispositions that are arbitrary and unreasonable, and a lack of court authority to compel a juvenile to wear a sign stating “I am a juvenile criminal.” Within the category of post-dispositional proceedings, the article reviews a case in which a child lost the opportunity to seal a record because of a change in statute enacted after his conviction.
Main Term(s): Juvenile case disposition; Juvenile case studies
Index Term(s): Juvenile court procedures; Juvenile court records; Juvenile courts
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