POLI 3120 Lecture Notes - Lecture 12: Juvenile Court, Miranda Warning
22 May 2018
School
Department
Course
Professor
Juvenille Justice
Rachel Antanusho?
-represents juenilles who are charged with serious crimes.
“tate of Ioa s Daioa Daa Rihardso.
Background on Dana
-5 ears old i Ma . Mother’s sole soure of ioe as disailit. Raped at age
11. Grandmother died to cancer. Had lived in 18 different homes and shelters, endured 12 changes in
school. Abused marijuana, synthetic, and alcohol daily. Boy friend was D’Atho Curd ears old.
Roald Kukle: Daa ad D’Atho Curd urdered Roald Kukle.
-Kunkle had criminal charges, was adopted, but working towards better life.
I Ma , foud housig i Ro Kukle’s apartet uildig, ehagig hildcare for a place to
stay. Dana and Curd stabbed Ron and killed him.
Police did not obtain permission from parents to interview Dana. Dana not advised of Miranda rights.
The police lied and said that the boyfriend was going to jail, so Dana confessed.
Waiver to Adult court:
-child is at least 14 years old, and PC to believe child commited alleged act
-not reasonable prospects for rehabilitating the child in juvenile court
-waiver is in the best interests of the child and the community
Burden of proof is upon the moving party.
Statute silent as to the standard of proof.
For Dana, was there reasonable prospects for rehabilitating the child in juvenile court?
-focus on Graham, Miller, Roper, Ragland, Pearson, Null cases.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Represents juenilles who are charged with serious crimes. Raped at age: grandmother died to cancer. Had lived in 18 different homes and shelters, endured 12 changes in school. Boy friend was d"a(cid:374)tho(cid:374)(cid:455) curd (cid:894)(cid:1005)(cid:1013) (cid:455)ears old(cid:895). Ro(cid:374)ald ku(cid:374)kle: da(cid:374)a a(cid:374)d d"a(cid:374)tho(cid:374)(cid:455) curd (cid:373)urdered ro(cid:374)ald ku(cid:374)kle. Kunkle had criminal charges, was adopted, but working towards better life. I(cid:374) ma(cid:455) (cid:1005)(cid:1012), (cid:1006)(cid:1004)(cid:1005)(cid:1007) fou(cid:374)d housi(cid:374)g i(cid:374) ro(cid:374) ku(cid:374)kle"s apart(cid:373)e(cid:374)t (cid:271)uildi(cid:374)g, e(cid:454)(cid:272)ha(cid:374)gi(cid:374)g (cid:272)hildcare for a place to stay. Dana and curd stabbed ron and killed him. Police did not obtain permission from parents to interview dana. The police lied and said that the boyfriend was going to jail, so dana confessed. Child is at least 14 years old, and pc to believe child commited alleged act. Not reasonable prospects for rehabilitating the child in juvenile court. Waiver is in the best interests of the child and the community. Burden of proof is upon the moving party. Statute silent as to the standard of proof.
