Case Study: The United-States Supreme Court on Victimized Children-The Constitutional Rights of the Defendant Versus the Best Interests of the Child

• NCJ Number: 136478
• Journal: Journal of the American Academy of Child and Adolescent Psychiatry Volume: 30 Issue: 5 Dated: (September 1991) Pages: 839-844
• Author(s): E J Kermani
• Date Published: 1991
• Length: 6 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This article describes seven landmark cases in which the U.S. Supreme Court has addressed and attempted to balance the inherent conflict between the constitutional rights of the defendant and the best interests of the child.

Abstract

The U.S. Supreme Court used the principles of the fifth, sixth, and fourteenth amendments to decide the rights of defendants against the best interests of the child in these seven landmark cases. The Justices found in four of the cases that the interests of the child superseded the rights of the defendant. In three cases, the Court gave more validity to the defendant's constitutional rights. 18 references