Morris A. KENT, Jr., Petitioner, v. UNITED STATES. Thanks 0. Kent v. United States (1966) 1. get custom paper. U.S. 541, 553] 547 (1957). Violation of any such rule or order, or disclosure of the information "except for purposes for which . ] Pee v. United States, 107 U.S. App. 2. The record and previous history of the juvenile, including previous contacts with the Youth Aid Division, other law enforcement agencies, juvenile courts and other jurisdictions, prior periods of probation to this Court, or prior commitments to juvenile institutions.   26, The net, therefore, is that petitioner - then a boy of 16 - was by statute entitled to certain procedures and benefits as a consequence of his statutory right to the "exclusive" jurisdiction of the Juvenile Court. He is, as specified by the statute, shielded from publicity. Get full and detailed scoreboard of Kent vs United States of America, Super50 Cup 2018, Group B only on ESPN.com. Begin typing to search, use arrow keys to navigate, use enter to select. , the position of that court, as we discuss infra, is self-contradictory. Kent v. United States, 383 U.S. 541, 543, 86 S. Ct. 1045, 1048, 16 L. Ed. KENT V. UNITED STATES Darrel Jones December 17, 2014 Northeastern State University Abstract The case of Kent V. United States is a historical case in the United States. He made no findings. There was no arraignment during this [ . He was convicted on six counts of housebreaking and robbery, but acquitted on two rape counts by reason of insanity. It should not be remitted to assumptions. . 13 hours ago. The Juvenile Court, without providing Kent’s counsel with important files or allowing a hearing on the issue, decided to waive jurisdiction so Kent could be tried as an adult. D.C., at 396, 355 F.2d, at 107. It is not a grudging gesture to a ritualistic requirement. Jan 19, 1966. See United States v. Caviness, 239 F. Supp. Morris A. Kent, a 16 year old boy, was arrested in connection with recent rapes and robberies . Mr. Justice FORTAS delivered the opinion of the Court. 12, These contentions raise problems of substantial concern as to the construction of and compliance with the Juvenile Court Act. 2. Please try again. solicitude for juveniles commanded by the Juvenile Court Act. D.C. Code 11-929 (1961), now, without substantial change, 11-1586 (Supp. A jury found Kent guilty and sentenced him to serve 30-90 years in prison. Petitioner was arrested at the age of 16 in connection with charges of housebreaking, robbery and rape. In Black, the court referred to the Criminal Justice Act, enacted four years after Shioutakon, in which Congress provided for the assistance of counsel "in proceedings before the juvenile court of the District of Columbia." Decided by Warren Court . 8. U.S. 541, 563] Footnote 10 . As to the denial of access to the social records, the Court of Appeals stated that "the statute is ambiguous." 2. It may not "assume" that there are adequate reasons, nor may it merely assume that "full investigation" has been made. ] Petitioner is in St. Elizabeths Hospital for psychiatric treatment as a result of the jury verdict on the rape charges. STUDY. [ But the statement should be sufficient to demonstrate that the statutory requirement of "full investigation" has been met; and that the question has received the careful consideration of the Juvenile Court; and it must set forth the basis for the order with sufficient specificity to permit meaningful review. D.C. Code 11-907, 11-915, 11-927, 11-929 (1961). Footnote 14 3. It is clear beyond dispute that the waiver of jurisdiction is a "critically important" action determining vitally important statutory rights of the juvenile. Kent moved to dismiss the indictment because the juvenile court did not conduct a "full investigation" before waiving jurisdiction, as required by the Juvenile Court Act. See Allen v. United States,   The right to representation by counsel is not a formality. A jury found Kent guilty and sentenced him to serve 30-90 years in prison. D.C., at 395, 343 F.2d, at 264 (1964). More than this, though, Kent v. United States helped to apply semblances of due process to juvenile court cases and serves to keep courts’ actions as governed by parens patriae in check. He contends that the police failed to follow the procedure prescribed by the Juvenile Court Act in that they failed to notify the parents of the child and the Juvenile Court itself, note 1, supra; that petitioner was deprived of his liberty for about a week without a determination of probable cause which would have been required in the case of an adult, see note 3, supra; that he was interrogated by the police in the absence of counsel or a parent, cf. 33 The determinative factors which will be considered by the Judge in deciding whether the Juvenile Court's jurisdiction over such offenses will be waived are the following: 1. 104 . Petitioner was arrested at the age of 16 in connection with charges of housebreaking, robbery and rape. D.C. 409, 343 F.2d 278, and Black v. United States, 122 U.S. App. The Supreme Court, which had shown increasing concern for rights of children in the prior term’s case, Kent v. United States, 383 U.S. 541 (1966) (holding that Washington, D.C.’s provision for transferring juveniles to adult court was inadequate), concluded that this … 111 U.S. App. These three landmark Supreme Court of the United States (SCOTUS) cases significantly affected the due process rights of juveniles. The Kent case helped lead the way in the development of a list of eight criteria and principles. ] We do not deem it appropriate merely to vacate the judgment and remand to the Court of Appeals for reconsideration of its present decision in light of its subsequent decisions in Watkins and Black, supra.   U.S. 541, 543] Correspondingly, we conclude that an opportunity for a hearing which may be informal, must be given the child prior to entry of a waiver order. The maximum punishment for housebreaking is 15 years, D.C. Code 22-1801 (1961); for robbery it is also 15 years, D.C. Code 22-2901 (1961). Woods, 560 F.2d 660 (5th Cir.1977), and United States v. Zeidman, 444 F.2d 1051 (7th Cir.1971). Granted. The authority of Wilhite, however, is substantially undermined by other, more recent, decisions of the Court of Appeals. 104 Argued: January 19, 1966 Decided: March 21, 1966. Therefore, the Judge has consulted with the Chief Judge and other judges of the U.S. District Court for the District of Columbia, with the United States Attorney, with representatives of the Bar, and with other groups concerned and has formulated the following criteria and principles concerning waiver of jurisdiction which are consistent with the basic aims and purpose of the Juvenile Court Act. ] Under the statute, the Juvenile Court has power by rule or order, to subject the examination of the social records to conditions which will prevent misuse of the information. View This Storyboard as a Slide Show! 27. Case Summary of Kent v. United States: Morris Kent, at age 16, committed several serious crimes. U.S. 541, 547] D.C., at 395, 355 F.2d, at 106. U.S. 492 He did not confer with petitioner or petitioner's parents or petitioner's counsel. Held: The Juvenile Court order waiving jurisdiction and remitting petitioner for trial in the District Court was invalid. The statute expressly provides that the record shall be withheld from "indiscriminate" public inspection, "except that such records or parts thereof shall be made available by rule of court or special order of court to such persons . by b9b41b46. Updated: 11/5/2019. Unsere Redakteure haben es uns gemacht, Ware aller Variante ausführlichst zu vergleichen, damit Sie als Interessierter Leser ganz einfach den Samplitude Mac auswählen können, den Sie als Leser haben wollen. Kent’s objections to … 7 These three landmark Supreme Court of the United States (SCOTUS) cases significantly affected the due process rights of juveniles. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus. The issue before the court was that his lawyer argued. It characterized counsel's proper function as being merely that of bringing forward affirmative information which might help the court. Cf. [383   U.S. 553, 556 . [ Footnote 22 164 He held no hearing. [ Despite its sweeping language questioning the validity of juvenile court procedures, in Kent v. United States the Court was narrowly focused on whether a child had a right to due process protections in hearings to determine if his case should be transferred out of juvenile court so that he could be tried as though he were an adult criminal defendant. [ Perhaps the point of it is that it again illustrates the maxim that while nondisclosure may contribute to the comfort of the staff, disclosure does not cause heaven to fall. Morris Kent was on probation for burglary and theft, but was then arrested for burglary, robbery, and rape. L. Rev. While the Juvenile Court judge may, of course, receive ex parte analyses and recommendations from his staff, he may not, for purposes of a decision on waiver, receive and rely upon secret information, whether emanating from his staff or otherwise. Oral Argument - January 19, 1966; Opinions. Online dating is much easier now. Morris A. Kent, Jr., first came under the authority of the Juvenile Court of the District of Columbia in 1959.   Meaningful review requires that the reviewing court should review. At the same time, petitioner's counsel moved that the Juvenile Court should give him access to the Social Service file relating to petitioner which had been accumulated by the staff of the Juvenile Court during petitioner's probation period, and which would be available to the Juvenile Court judge in considering the question whether it should retain or waive jurisdiction. ... Westside Community Board of Education v. Mergens - Duration: 3:46. D.C. Code 11-907 (1961), now 11-1551 (Supp. MR. JUSTICE FORTAS delivered the opinion of the Court. Theodore George Gilinsky argued the cause for the United States. 16 D.C. 383, 384, 330 F.2d 849, 850 (1964), it was said that: ". In 1929, the state of Ohio changed the name to Kent State College as it allowed the school to establish a college of arts and sciences. 15 D.C. 393, 355 F.2d 104 (1965). The Court of Appeals for the District of Columbia Circuit has so held. His attorney filed a motion with the juvenile court opposing the waiver as well as a request to inspect records relating to Kent’s previous offenses. and transferred to jail along with adults, and that he will be exposed to the possibility of a death sentence Since the decision, legislatures across the country have passed laws protecting the rights of youth who become involved with the justice system, but there is still a lot of work to do. It entered an order waiving jurisdiction, with the recitation that this was done after the required "full investigation." Syllabus. D.C. 393, 355 F.2d 104. The implications for juvenile court cases were and still are considerable. ] Cf. With respect to access by the child's counsel to the social records of the child, we deem it obvious that since these are to be considered by the Juvenile Court in making its decision to waive, they must be made available to the child's counsel. He was apprehended as a result of several housebreakings and an attempted purse snatching. Facts of the case. The court judge believed that Kent should try as an adult in a criminal court. The juvenile court of the District of Columbia decided that Kent should go to adult court. It will be the responsibility of any officer of the Court's staff assigned to make the investigation of any complaint in which waiver of jurisdiction is being considered to develop fully all available information which may bear upon the criteria and factors set forth above. D.C. 279, 281 F.2d 642 (1960). . . [ This concern, however, does not induce us in this case to accept the invitation Footnote 27 ", On March 7, 1963, the District Court held a hearing on petitioner's motion to determine his competency to stand trial. [383 But the admonition to function in a "parental" relationship is not an invitation to procedural arbitrariness. Petitioner's counsel represented that access to this file was essential to his providing petitioner with effective assistance of counsel. ] The basis for this distinction - that petitioner was "sane" for purposes of the housebreaking and robbery but "insane" for the purposes of the rape - apparently was the hypothesis, for which there is some support in the record, that the jury might find that the robberies had anteceded the rapes, and in that event, it might conclude that the housebreakings and robberies were not the products of his mental disease or defect, while the rapes were produced thereby. He did not recite any reason for the waiver. He may be confined, but with rare exceptions he may not be jailed along with adults. Stay up-to-date with FindLaw's newsletter for legal professionals. We do not agree with the Court of Appeals' statement, attempting to justify denial of access to these records, that counsel's role is limited to presenting "to the court anything on behalf of the child which might help the court in arriving at a decision; it is not to denigrate the staff's submissions and recommendations." as have a legitimate interest in the protection . "a specification by the Juvenile Court Judge of precisely why he concluded to waive jurisdiction." The statutory intent is to establish a non-punitive, non-criminal atmosphere." 122 U.S. App. U.S. 541, 564] D.C. 409, 343 F.2d 278 (1964), decided in November 1964, the Kent's attorney requested for the court judge to keep Morris' case and believed he would Counsel, together with petitioner's mother, promptly conferred with the Social Service Director of the Juvenile Court. [383 Footnote 12 This Memorandum has since been rescinded. However, because we remand the case on account of the procedural error with respect to waiver of jurisdiction, we do not pass upon these questions. Mar 21, 1966 . 5. U.S. 541, 569]. To the surprise of some, the Court overturned the appeals court’s decision and found instead for Kent, citing the hasty nature of the original juvenile court’s move to yield jurisdiction to a criminal court without a notification hearing for the defendant’s sake. In a brief interview, they discussed the possibility that the Juvenile Court might waive jurisdiction under D.C. Code 11-914 (1961), now 11-1553 (Supp. U.S. 541, 562] 360° patriae rather than prosecuting attorney and judge. For the reasons stated, we conclude that the Court of Appeals and the District Court erred in sustaining the validity of the waiver by the Juvenile Court. 3501 in an attempt to legislatively overrule Miranda. 464, 277 U. S. 466; Goldman v. United States, 316 U. S. 129, 316 U. S. 134-136, for that Amendment was thought to limit only searches and seizures of tangible Page 389 U. S. 353 property. ] See brief of amicus curiae. Because the juvenile was not advised of his right to retained or appointed counsel, the judgment of the District Court, following waiver of jurisdiction by the Juvenile Court, was reversed. that his case should have remained in juvenile court as he was only 16. Cf. U.S. 541, 546]. Syllabus ; View Case ; Petitioner Kent . D.C. 371, 236 F.2d 666 (1956), and Black v. United States, supra) that he is not entitled to counsel. Kent v. United States Dalia Dzekic Juvenile Court, DC Morris Kent, 16, was charged with rape and robbery in D.C. If a decision on waiver is "critically important" it is equally of "critical importance" that the material submitted to the judge - which is protected by the statute only against "indiscriminate" inspection - be subjected, within reasonable limits having regard to the theory of the Juvenile Court Act, to examination, criticism and refutation. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile (if he is found to have committed the alleged offense) by the use of procedures, services and facilities currently available to the Juvenile Court. PowerPoint Templates University Communications and Marketing | University Communications and Marketing offers three Kent State-themed PowerPoint templates for presentations. CAREER CHOICE: A major DECISION With so many options, it is often difficult to choose the right major. 1041, 87th Cong., 1st Sess. U.S. 541, 550], At trial, petitioner's defense was wholly directed toward proving that he was not criminally responsible because "his unlawful act was the product of mental disease or mental defect." [ D.C. 409, 413, 343 F.2d 278, 282 (1964); Black v. United States, 122 U.S. App. (Emphasis supplied.)   U.S. 541, 560]   ] See Handler, The Juvenile Court and the Adversary System: Problems of Function and Form, 1965 Wis. L. Rev. They were developed and processed. Premier League 2020-21 Tottenham Hotspur vs Fulham LIVE Streaming: When and Where to Watch Online, TV Telecast, Team News . The Court of Appeals held that in a waiver proceeding a juvenile's attorney is entitled to access to such records. Free dating Fort Kent Village Free dating and free chat with singles from your city. U.S. 541, 567]. . United States v. Klein, 80 U.S. (13 Wall.) The statutory scheme makes this plain. Kent had an attorney, but was being denied the right to a fair trial. Due to his past criminal history, the judges moved him to an adult court. . . We cannot agree with the Court of Appeals in the present case that the statute is "ambiguous." The case of Kent v. United States created a new way of thinking surrounding juvenile court. limited [to the District] . 29 Petitioner appealed to the United States Court of Appeals for the District of Columbia Circuit. The prosecutor opposed a finding of incompetence to stand trial, and at the prosecutor's request, the District Court referred petitioner to St. Elizabeths Hospital for psychiatric observation.   [ Accordingly, it held that the Juvenile Court had not abused its discretion in denying access to the social records. Oral Argument - November 03, 2020; Petitioner Charles Borden, Jr. Respondent United States of America . With him on the brief were Solicitor General Marshall, Assistant Attorney General Vinson, Nathan Lewin and Beatrice Rosenberg. Respondent United States . Copy. This case involves the construction of a statute applicable only to the District of Columbia. He thereafter filed with the Juvenile Court a motion for a hearing on the question of waiver of Juvenile Court jurisdiction, together with an affidavit of a psychiatrist certifying that petitioner "is a victim of severe psychopathology" and recommending hospitalization for psychiatric observation. And the Google privacy Policy p. m. 2 contentions raise problems of substantial concern to. Out at pp in Edwards v. United States Court of Appeals for the District of v.... March 21, 1966 choosing the eTextbook option for ISBN: L-999-72723 50 ; 274 F.2d 556 ( 1959.. Ruling on it, the Court relied upon its decision in Shioutakon v. District Columbia! To this file was essential to his past criminal history, the Court of JUSTICE dealing with,! 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