NCJ Number
31674
Journal
Baylor Law Review Volume: 27 Issue: 4 Dated: (FALL 1975) Pages: 777-783
Date Published
1975
Length
16 pages
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.