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NCJ Number: 31674 Find in a Library
Title: CORROBORATION OF ACCOMPLICES IN JUVENILE CASES
Journal: BAYLOR LAW REVIEW  Volume:27  Issue:4  Dated:(FALL 1975)  Pages:777-783
Author(s): R MCMULLEN
Corporate Author: Baylor University
Law School
United States of America
Date Published: 1975
Page Count: 16
Sponsoring Agency: Baylor University
Waco, TX 76798
Format: Article
Language: English
Country: United States of America
Annotation: IN THE 1965 CASE OF IN THE MATTER OF S.J.C., THE EL PASO COURT OF APPEALS HELD THAT THE TEXAS STATUTE PROHIBITING CONVICTION ON THE UNCORROBORATED TESTIMONY OF ACCOMPLICES DID NOT APPLY IN JUVENILE DELINQUENCY DETERMINATIONS.
Abstract: THIS ARTICLE FOCUSES ON THE REASONING BEHIND THIS DECISION AND ANALYZES S.J.C. IN LIGHT OF SEVERAL UNITED STATES SUPREME COURT DECISIONS RELATING TO THE RIGHTS OF JUVENILES. SOME OF THE FACTORS WEIGHED BY THE SUPREME COURT ARE ALSO OUTLINED AND EXAMINED. THE AUTHOR CONCLUDES THAT THE TRENDS AND UNDERLYING CONCEPTS ESTABLISHED BY THE LEADING SUPREME COURT DECISIONS IN REFERENCE TO JUVENILE PROCEDURES APPEAR TO INDICATE THAT THE BASIC REQUIREMENTS OF DUE PROCESS AND FAIRNESS WILL NOT PERMIT A DECLARATION OF DELINQUENCY BASED SOLELY UPON THE UNCORROBORATED TESTIMONY OF AN ACCOMPLICE. HE MAINTAINS THAT THE CIVIC-CRIMINAL DISTINCTION SURROUNDING JUVENILE PROCEEDINGS SHOULD NOT OVERPOWER TWO IMPORTANT CONSIDERATIONS - THE 'PARENS PATRIAE' CONCEPT OF TREATMENT AND REHABILITATION RATHER THAN PUNISHMENT AND THE POSSIBILITY THAT THE EVIDENCE IS TESTIMONIALLY UNTRUSTWORTHY.
Index Term(s): Accessories to crimes; Judicial decisions; Juvenile court procedures; Juvenile courts; Rights of minors; Rules of evidence; Testimony; Texas; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31674

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