Preview

Kent Vs Us

Good Essays
Open Document
Open Document
631 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Kent Vs Us
Kent V. United States
Regarded as the first major juvenile rights case to preface further juvenile court reforms, Kent v. United States established the universal precedents of requiring waiver hearings before juveniles could be transferred to the jurisdiction of a criminal court and juveniles being entitled to consult with counsel prior to and during such hearings.
Morris A. Kent, Jr., first came under the authority of the Juvenile Court of the District of Columbia in 1959. He was then aged 14. He was apprehended as a result of several housebreakings and an attempted purse snatching. He was placed on probation, in the custody of his mother, who had been separated from her husband since Kent was two years old. Juvenile Court officials interviewed Kent from time to time during
…show more content…
He took her wallet. He raped her. The police found in the apartment latent fingerprints. They were developed and processed. They matched the fingerprints of Morris Kent, taken when he was 14 years old and under the jurisdiction of the Juvenile Court. At about 3 p.m. on September 5, 1961, Kent was taken into custody by the police. Kent was then 16, and therefore subject to the "exclusive jurisdiction" of the Juvenile Court. He was still on probation to that court as a result of the 1959 proceedings.
Kent was detained on a Receiving Home for one week. During that period, there was no arraignment and no determination by a judicial officer of the probable cause for Kent’s arrest. 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. A psychiatric examination of Kent was arranged by his attorney. His attorney argued that because his client was “a victim of severe psychopathology” it would be in Kent’s best interest to remain within the juvenile courts jurisdiction where he could receive adequate

You May Also Find These Documents Helpful

  • Good Essays

    Mr. Jackson, the Appellate, was a mentally deficient deaf. He wasn’t able to read, write or communicate. The Appellate was charged with robbery of two different women. Appellant robbed the women for four and five dollars respectively. Appellant was found to be incompetent to stand trial at an incompetency hearing. The Court ordered Appellant to be committed until he was competent to stand trial.…

    • 263 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Illinois Juvenile Court Act of 1899 created a juvenile court that had jurisdiction over children charged with crimes. But, in addition, the new juvenile court was given jurisdiction over:…

    • 385 Words
    • 2 Pages
    Good Essays
  • Good Essays

    “In re Gault Case”

    • 282 Words
    • 2 Pages

    The Gerald Gault case led to a new way of dealing with juveniles. Gault had a lot of misguided rulings that threw him into the State Industrial School. Juveniles now have the same due process rights as adults, allowing juveniles the same opportunities to defend themselves. All the mistakes in the In re Gault Case, eventually led to something good for juveniles rights from that point forward.…

    • 282 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Missouri in 1975. This case is brought to the Supreme Court for review in 1969 where Drope, the Petitioner, and his acquaintances are charged with assisting in a rape and kidnapping of his wife. Once indicted the petitioner files a motion in order to obtain psychiatric evaluation and further treatment; this request is quickly denied. Once on to trial, Drope does not try to deny the claim against him however; his wife attests to acts of strange behavior, anti-social behavior, and recalls an incidence in which he tried to murder her the Sunday before the trial begins. Two days into the trial Drope shoots himself and is hospitalized unable to return, the court decides to continue on the basis that his absence was on this own accord. The case was closed with a jury finding him guilty and sentenced to life in prison. Once sentenced he immediately filed an injunction asking for another trial do to the fact he was deprived of his constitutional rights after not being given a mental competency hearing prior to or during trial. This case is seen by the same judge that has just sat through the previous trial. This motion is discarded upholding the ruling of the previous court, which this verdict is held up in the Missouri Supreme Court as well. Once heard by the Supreme Court they find that there should have been a mental competency hearing ordered prior to trial due to overwhelming evidence of mental instabilities. His suicide attempt should have also caused for a hold on the trial in order for mental competency to be reviewed at that point. Petitioner’s attorney asks for a recess at the time of the shooting and is denied. The court is ordered to proceed without him there; the Supreme Court finds this to be another oppression of his constitutional rights. This is a very good example of the mental competency evaluation and the importance that it plays for patients. Some patients should be in mental rehabilitation’s but are…

    • 3102 Words
    • 13 Pages
    Better Essays
  • Powerful Essays

    The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…

    • 2342 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    On June 4, 1984 a significant decision was made in the Supreme Court that is still impacting the juvenile justice system. It may not be as large of a controversy as the death penalty for minors or have as large of an impact as In re Gault, but Schall v. Martin made some large changes to the treatment of juvenile delinquents prior to adjudication. After this decision was rendered, it was established by the Supreme Court that pre-adjudication detention of a juvenile was in fact constitutional and did not go against their due process rights granted in the Bill of Rights. Prior to this decision, juvenile detention centers were very temporary in nature. The average length of stay in the nation was about 15 days…

    • 1296 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    In a juvenile case there is a major emphasis on privacy, as well as an evidentiary standard where the judge must weigh all the evidence. The juvenile has no right to a trial by jury. U.s department of justice. ().…

    • 352 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The U.S. Supreme Court has recognized that juveniles have many of the constitutional due process rights afforded adult defendants: the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. In re Gault, 387 U.S. 1 (1967). Juveniles also have the right to have the alleged offense proven beyond a reasonable doubt. In re Winship, 397 U.S. 358, 368 (1970). The North Carolina Juvenile Code provides additional statutory rights to juveniles, such as the right to have a parent present during in-custody interrogation, the presumption of indigency, and confidentiality of juvenile court records. G.S. 7B-2101(a), -2000(b), -3000(b). The principal rights are discussed in this chapter, although it is not intended to be exhaustive.…

    • 5855 Words
    • 18 Pages
    Good Essays
  • Good Essays

    Miranda Vs Arizona

    • 1588 Words
    • 7 Pages

    Williams (1977). In this case, however, the defendant had knowledge of his rights and requested them at the time of his arrest. In Brewer v. Williams, the defendant was taken into custody for abducting a ten-year-old girl in Des Moines, Iowa. The defendant was arrested in Davenport. The defendant had two attorneys one in Des Moines and one in Davenport; both advised the defendant to remain silent on his transfer to Des Moines. The attorney was denied his request to ride with the defendant, but they got an agreement from the court that the defendant was not going to be questioned during his transfer. The officers riding with the defendant knew that the defendant was a former mental patient and religious. The officers engaged with the defendant several conversations talking about religion and how the girl and her family deserved a Christian burial. The officers told the defendant that he knew the body was between Des Moines and Davenport. The officers wanted to play with his emotions, so he would confess where the body was. Finally, the officers were able to get the defendant to confess and led them to the girl’s body. At the trial, the body of the victim along with his confession during the transfer to Des Moines was attended to be used as evidence against him. The court denied the evidence, because his attorney was not present during the time of the confession, which violated his rights (Fifth Amendment,…

    • 1588 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Throughout the United States’ history, the Supreme Court has decided many cases. Their job is to decide whether or not laws, or punishments given by lower courts, abide by the rules written in the United States Constitution. Their decisions are based upon precedents set by other court cases, or their opinions of what the Constitution means, if there is no precedent. On the topic of the rights of minors, the Supreme Court has justly protected these rights as shown in the cases of In Re Gault, Tinker v. Des Moines, and New Jersey v. T.L.O.…

    • 880 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Adults

    • 387 Words
    • 2 Pages

    Morris Kent was 16 years old when police arrested and charged him for multiple counts of burglary, robbery, and rape. The teen was already on probation in Washington D.C. for prior burglaries and theft. The prosecutor on the case wanted Kent's trial to happen in adult court. His reasons included Kent's criminal history and the serious nature of the current charges. Kent's lawyer, of course, wanted the case to stay in juvenile court. Had the judge allowed a hearing, Kent's lawyer would have argued that his client was mentally ill. He would have said this fact should be considered before determining which trial court to use. Yet the judge made the decision without holding a hearing. The adult court tried Kent and found him guilty of the charges. His sentence was 30 to 90 years in prison. In his appeal, Kent argued that the case should have stayed in juvenile court.…

    • 387 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    On October 14 2017, 2017 at approximately hours, Officer Wilson #9346, and I Officer Furr #9345 of the Glenarden Police Department responded to a call for check on the welfare of three children who were located at 9204 Beth Ave, Glenarden Maryland 20706. A wanted person check was requested through communications on (Galeas,Josue B) with a date of birth of 10/28/1987. The return…

    • 119 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Juveniless Death Penalty

    • 1577 Words
    • 7 Pages

    Flaherty, L. T. (2002). Summary of Thompson V. Oklahoma 487 U.S. 815 (1998). American Psychiarty , 1-4.…

    • 1577 Words
    • 7 Pages
    Better Essays
  • Better Essays

    The justice system is a forever changing system. Improvements are always being made and laws are always being passed. The justice system is much like evolution, it is constantly adapting to its environment. In 1908 in Chicago one of the most significant changes in history occurred in the justice system. This improvement in the justice system gave second chances to many deserving criminals.…

    • 1895 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Teen Curfew

    • 618 Words
    • 3 Pages

    In the early 1900s the very first case to take up a juvenile court case was, Bykofsky v. Borough of Middletown. The parents of these teens argued that the curfew in Middletown, Pennsylvania violated first and fourteenth amendment rights. The first amendment being rights to religion, speech, press, assembly, and petition and the fourteenth being citizenship rights and equal protection of the laws. During this time the courts decided that preserving the safety of the teens outweighed their freedom violation. A…

    • 618 Words
    • 3 Pages
    Good Essays