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FEDERAL JUVENILE DELINQUENCY ACT AND THE GAULT DECISION

NCJ Number
5913
Journal
Federal Probation Volume: 33 Issue: 3 Dated: (SEPTEMBER 1969) Pages: 18-23
Author(s)
C H IMLAY
Date Published
1969
Length
6 pages
Annotation
IMPLICATIONS OF THE GAULT DECISION FOR THE HANDLING OF JUVENILES IN THE FEDERAL SYSTEM.
Abstract
GAULT'S IMPACT ON THE FEDERAL SYSTEM WILL NOT BE AS GREAT AS THAT ON THE STATE COURTS, BECAUSE THE FEDERAL RULES OF CRIMINAL PROCEDURES AND THE FEDERAL JUVENILE DELINQUENCY ACT HAVE ALREADY SET FORTH PROCEDURAL SAFEGUARDS. THE GAULT DECISION HOWEVER, IS SEEN AS APPLICABLE TO PRETRAIL OR INTAKE PROCEDURES AS WELL. THE JUVENILE SHOULD BE INFORMED OF HIS RIGHTS AS SOON AS POSSIBLE AND REMINDED OF THEM. ADDITIONALLY, HIS PROCEEDING SHOULD BE HELD FAR MORE QUICKLY THAN THOSE OF ADULTS. ABOVE ALL, THE AUTHOR URGES THAT THE ROLE OF THE FEDERAL PROBATION OFFICER SHOULD NOT BE CONFUSED WITH THE PROSECUTORIAL ROLE, IF THE REMEDIAL NATURE OF THE JUVENILE PROCEEDING IS TO BE PRESERVED.