LAW 5318 Lecture Notes - Lecture 8: Madea, Impulsivity
5 Oct 2015
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Document Summary
Rehab vs. punishment: what constitutional and procedural protections should exist in juvenile court, how can the system be improved to better serve youth and protect the community, kent v. us. Indirect approach: haley (1940"s case 16yr old boy case endless interrogations murder case that was transferred to criminal court and the child was convicted but on appeal the lawyer said the confession was unconstitutional) and gallegos (made a confession after he came to the police station, no lawyer, couldn"t talk to parents and the confession was found to be unconstitutional) long detention, Some constitutional restrains: kent, holding: you have to have a full investigation and a hearing before waiving, entitled to counsel (essence of justice, its both constitutional and statutorily, merits were never dealt with, remanded it back to the dc court, civil commitment is when you are committed to a mental facility, his conviction was vacated but he was still held in mental custody waiver.
