NCJ Number
10028
Date Published
1974
Length
32 pages
Annotation
SUMMARIES OF JUDICIAL DECISIONS DEPICTING THE EXTENSION OF LEGAL RIGHTS IN PRE AND POST TRIAL ISSUES.
Abstract
EARLY COMMON LAW GRANTED PARENTS AN ABSOLUTE RIGHT OVER CHILDREN. SINCE THAT TIME THIS ABSOLUTE RIGHT HAS BEEN CONSIDERABLY MODIFIED BY 'PARENS PATRIAE', THE DOCTRINE WHICH EXPRESSES THE STATE'S INTEREST IN THE WELFARE OF CHILDREN. THIS DOCUMENT PRESENTS SUMMARIES OF SIGNIFICANT JUDICIAL DECISIONS FROM 1915-1972, WHICH INVOLVE THE RIGHTS OF PARENTS, CHILDREN, AND THE STATE. IT BEGINS BY OUTLINING THE RELIGIOUS ORIGINS OF DIFFERENTIAL TREATMENT OF CHILDREN IN THE LEGAL SYSTEM AND THEN SUMMARIZES ANGLO -AMERICAN COMMON LAW CLASSIFICATION OF MINORS FOR PURPOSES OF CRIMINAL PROCEDURE. SUCCEEDING PARTS CONSIDER PRE-TRIAL DISCOVERY, PRE-HEARING RIGHTS, AND ISSUES RELATING TO JUVENILE DEPENDENCY AND NEGLECT, INCLUDING JURISDICTION AND RIGHT TO COUNSEL. CASES ARE CITED WHICH DEPICT THE EXTENSION OF LEGAL RIGHTS IN THE AREAS OF ARREST, SEARCH AND SEIZURE, CONFESSIONS, AND BAIL. OTHER JUDICIAL DECISIONS CONCERN THE WAIVER OF RIGHTS BY JUVENILES, JURISDICTIONAL TRANSFER TO CRIMINAL COURTS, AND CONFRONTATION, CROSS-EXAMINATION, AND SELFINCRIMINATION IN JUVENILE COURTS. FOR ADDITIONAL INFORMATION ON SUPREME COURT DECISIONS AND CHILD NEGLECT AND DEPENDENCY, SEE NCJ-11040 AND 11038, RESPECTIVELY. (SNI ABSTRACT)