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NCJ Number: 52184 Find in a Library
Title: CONSTITUTIONAL LAW - DOUBLE JEOPARDY - JUVENILE COURTS TRANSFER TO CRIMINAL COURT - ADJUDICATORY PROCEEDINGS BREED V JONES, 95 S CT 1779 (1975)
Journal: AKRON LAW REVIEW  Volume:9  Issue:2  Dated:(FALL 1975)  Pages:389-397
Author(s): B S MITTENTHAL
Corporate Author: University of Akron
United States of America
Date Published: 1975
Page Count: 9
Sponsoring Agency: University of Akron
Akron, OH 44325
Format: Article
Language: English
Country: United States of America
Annotation: THE U.S. SUPREME COURT WAS CALLED UPON IN THE BREED VERSUS JONES CASE TO DETERMINE THE APPLICABILITY AND IMPACT OF DOUBLE JEOPARDY ON JUVENILE COURT PROCEEDINGS AND JUVENILE ADJUDICATION.
Abstract: A PETITION WAS FILED IN 1971 BY BREED, THE DIRECTOR OF THE CALIFORNIA YOUTH AUTHORITY, ALLEGING THAT JONES, A 17-YEAR-OLD BOY, HAD COMMITTED ACTS CONSTITUTING THE CRIME OF ROBBERY. IN A SUBSEQUENT JURISDICTIONAL OR ADJUDICATORY HEARING, THE JUVENILE COURT FOUND THAT ALLEGATIONS OF THE PETITION WERE TRUE AND CONTINUED THE PROCEEDINGS FOR A DISPOSITIONAL HEARING. AFTER THE DISPOSITIONAL HEARING, THE JUVENILE COURT DECLARED THAT THE YOUTH WAS UNFIT FOR TREATMENT AS A JUVENILE AND ORDERED THAT HE BE PROSECUTED AS AN ADULT. JONES THEN FILED A WRIT OF HABEAS CORPUS IN THE JUVENILE COURT, ALLEGING THAT HE WOULD BE PLACED IN DOUBLE JEOPARDY IF TRANSFERRED. UPON TAKING THE CASE TO THE SUPREME COURT, THIS COURT HELD UNANIMOUSLY THAT THE PROSECUTION OF THE RESPONDENT IN SUPERIOR COURT, AFTER AN ADJUDICATORY PROCEEDING IN JUVENILE COURT, VIOLATED THE DOUBLE JEOPARDY CLAUSE OF THE FIFTH AMENDMENT. IN REACHING ITS DECISION, THE SUPREME COURT DREW UPON NUMEROUS CASES THAT HAVE ALL DEALT WITH THE CONSTITUTIONAL RIGHTS OF JUVENILES DURING JUVENILE COURT PROCEEDINGS. ONCE A HEARING BEGINS ON THE MERITS OF A DELINQUENCY PETITION, JEOPARDY ATTACHES AND A SUBSEQUENT CRIMINAL PROSECUTION IS BARRED BY THE GUARANTEE TO BE PROTECTED AGAINST DOUBLE JEOPARDY. SUPPORTING CASE LAW IS CITED. (DEP)
Index Term(s): California; Juvenile adjudication; Juvenile court procedures; Juvenile court waiver; Juvenile due process; Prosecution; Right against double jeopardy; Rights of minors; US Supreme Court
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=52184

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