Juvenile Rights – Supreme Court Cases

hi everyone welcome to the community classroom this is dr. Tracy McCarthy psychologist attorney and educator and we are going to be talking about the issue of juvenile law and we’re going to look at the most important Supreme Court cases involving juvenile law involving juveniles and those who are involved in the juvenile justice system or who are at risk for being involved in the juvenile justice system and so this is something that is beneficial for parents it’s beneficial for teachers it’s beneficial for juveniles themselves also beneficial for social workers and psychologists who may be doing evaluations or working with court-involved youth and before we go any further if this video appears on a channel other than dr. Tracy McCarthy the video is stolen and unauthorized to bring you up to speed if you’re not familiar with it the juvenile justice system is a separate legal system a separate court system it’s separate from the adult criminal court system even though there is a relationship and so the juvenile justice system is a special law system that deals with legal concerns and rules and policies related to Children and Youth basically from 0 to 18 it can go to 21 depending on the circumstances the range is 0 to 18 but for some states in terms of delinquent behavior that age may be lower so some states have 17 some states have 16 and so 16 years 11 months and 30 days after that the little person is tried as an adult and so you just need to check for your individual state because every state is different and it has a different law regarding those age limits what we’re going to be looking at are the landmark juvenile cases out of the Supreme Court of the United States for those of you do not understand this when the Supreme Court makes a decision that decision is binding on all cases that come before lower courts that are substantially similar that involve the same legal issue as the legal issue that the Supreme Court has determined and we’re going to start off with what are actually known as sort of the Civil Rights juvenile cases and these are the cases that came out during the civil rights era and they were a follow up to some of the civil rights activity that was going on related to race and ethnicity and so it’s an outgrowth of that and then we’re going to follow up with the more recent cases these are the pretty much the most important cases in terms of juvenile law and so those of you who are in with juveniles or juveniles ourselves these are very important cases for you to know and Kent versus the United States is perhaps one of the most important cases this comes out of what’s known as they can’t Galt Winship era and these are those civil rights cases that I mentioned the camp versus the United States case came out in 1966 and what it determined was that all juvenile courts have to consider certain things before they certify a young person to be sent to the adult criminal court system and so there are things that the courts must look at before sending a child off are what’s known as waiving jurisdiction and so they need to look at the seriousness of the offense that’s being alleged they need to look at issues such as the protection of the community does this little person you know present a serious risk of harm they need to look at the aggressiveness that was utilized it was their violence was it premeditation was their injury involved what is the evidence in the particular case how our other alleged offenders or sort of little little co-defendants if you will how are they being treated what’s the maturity level of the little person they need to look at the home situation they need to look at the attitude of the young person what has been their pattern of living have they been chronically delinquent they need to look at the previous history of juvenile delinquency their educational record the likelihood that the child can be rehabilitated and so they’re going to look at school record they’re going to look at developmental history these are the things that the court needs to look at in making that determination and so what this means is that parents and attorneys and juveniles need to work together to make sure that all of these issues are addressed so that the system treats the child in a fair manner and so all these things need to be taken into consideration and the more information that the defense attorney has the better they can present the case to protect the child and perhaps keep them in the juvenile system that’s where they need to be now of course for some children their track record may be so bad and there may be a lot of things going on and they may not have a what’s considered a reasonable likelihood of being rehabilitated by the time they reach adulthood and in some of those cases they won’t be able to remain in the juvenile justice system and they may be sort of waved out certified to stand trial in the adult criminal court system and the next important case is in ray Gault this basically means regarding Gault and Gault is a child and this is out of 1967 and this is again a very important case this is a very important case overall for all juveniles not just those who may be certified to stand trial as an adult and so this particular case gave juveniles pretty much most of the rights that adult criminal defendants have so it’s a very very important case and prior to this the juvenile court was treating juveniles in a pretty arbitrary manner and so their rights were not protected and so this case came along and gave them many rights of course they still do not have a right to trial by jury but these are some very important rights right here and so basically what Gault what the Supreme Court came down with in Gault was that the courts the juvenile court must give a young person who’s been accused of crime things like notice of charges against the child so not only to the child but to the parents or the guardian the child also as with adults they now have a right to counsel right to a lawyer they have a right to confront and cross-examine witnesses that are against them they also get to stand on the privilege against self-incrimination they have a right to a transcript of the proceedings so that they can see what happened in the case and they now have a right to appeal any decision that has been made then we have in ray Winship which came out in 1970 this pretty much is a supplement to in ray Gault and this added to the rights and protections in Gault same criterion that is given to adult in criminal proceedings and so this determined that young people are innocent unless proven guilty beyond a reasonable doubt Roper V Simmons coming out in 2005 this is a very very important case this case was a long fought case a pretty important issue here so it determined that it is unconstitutional now to impose capital punishment for crimes committed while the child is under the age of 18 so this is a very important case so it essentially got rid of the juvenile death penalty Graham V Florida out of 2010 determined that juveniles cannot be sentenced to life imprisonment without parole for offenses that are non-homicide offenses and so this again supplements Roper and so this is a very very important case that parents teachers students everyone who needs to be aware of so any their parenting juveniles teaching juveniles or working with juveniles in any other capacity it’s important to keep these cases in mind to make certain that the judicial system is upholding its responsibilities regarding juveniles and that the juveniles rights are protected remember knowledge is power take care and see you soon [Music] but [Music] [Music]

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