NCJ Number
13494
Journal
University of Pennsylvania Law Review Volume: 121 Issue: 5 Dated: (MAY 1973) Pages: 1184-1193
Date Published
1973
Length
10 pages
Annotation
RECENT COURT DECISIONS DENYING PROCEDURAL SAFEGUARDS TO JUVENILES WHOSE CASES ARE REMOVED TO ADULT COURTS BY PROSECUTORIAL DECISIONS ARE VIOLATIVE OF DUE PROCESS.
Abstract
TWO RECENT FEDERAL COURT CASES, COX V. UNITED STATES, DECIDED BY THE 4TH CIRCUIT IN 1973, AND UNITED STATES V. BLAND, DECIDED BY THE DISTRICT OF COLUMBIA CIRCUIT IN 1972 ARE ANALYZED. IN BOTH CASES, JUVENILES WERE TRIED IN ADULT CRIMINAL PROCEEDINGS AS A RESULT OF PROSECUTORS' DECISIONS. IF THESE DECISIONS ARE MADE BY A JUDICIAL OFFICER, THE SUPREME COURT HAS HELD THAT RIGHTS TO A HEARING, REPRESENTATION BY COUNSEL, ACCESS TO ANY RELEVANT COURT REPORTS, AND A FINAL DECISION IN WRITING TO FACILITATE REVIEW ATTACH. SINCE THE DECISION WAS PROSECUTORIAL, HOWEVER, THE COURTS DISTINGUISHED THESE CASES. IN 'COX', THE 4TH CIRCUIT REASONED THAT THE DECISION WAS ACTUALLY A CHARGING DECISION, AND PROSECUTORS' CHARGING DECISIONS ARE REVIEWABLE ONLY IN RARE CASES OF DISCRIMINATORY PROSECUTION. IN ADDITION TO THIS REASONING, THE DISTRICT OF COLUMBIA CIRCUIT HELD IN 'BLAND' THAT SINCE A YOUTH IS NEITHER A JUVENILE NOR AN ADULT FOR PROSECUTION PURPOSES UNTIL CHARGED, HE IS NOT DIVESTED OF ANY RIGHT OR PRIVILEGE BY FORCE OF THIS INITIAL DECISION. (WHEREAS IF CHARGED AS A JUVENILE AND SUBSEQUENTLY REMOVED TO ADULT PROCEEDINGS BY A JUDGE, THE JUVENILE IS DIVESTED OF PROCEDURAL RIGHTS AND DUE PROCESS REQUIREMENTS ATTACH TO THE DECISION.) THE AUTHOR FINDS THESE DECISIONS UNCONVINCING. HE COMPARES THE LOSS OF JUVENILE STATUS WITH A LOSS OF WELFARE BENEFITS, A DENIAL WHICH THE SUPREME COURT HAS HELD MUST COMPORT WITH DUE PROCESS. HE ARGUES, FURTHERMORE, THAT THERE IS NO REASON WHY THE PROSECUTOR CANNOT MAKE A WAIVER DECISION IN ACCORDANCE WITH DUE PROCESS REQUIREMENTS OUTLINED BY THE SUPREME COURT FOR JUDGES. THE MOST FUNDAMENTAL REASON, HE ASSERTS, IS THAT SINCE JUVENILE COURTS EXIST FOR THE BENEFIT OF REHABILITABLE YOUTHFUL OFFENDERS, DUE PROCESS REQUIRES THAT A PROSECUTOR'S DISCRETION TO SELECT OFFENDERS FOR ADULT TREATMENT BE CHECKED BY WHATEVER PROCEDURES WILL GUARANTEE A JUST EXAMINATION OF THE CIRCUMSTANCES OF EACH CASE.