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11 Cards in this Set
- Front
- Back
Arizona v Gant |
A person may be searched after a legal arrest but only inntheninmediate area of the suspects control |
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Miranda v Arizona |
Right to remain silent, any statement made can be used against them, right to counsel, if can't afford counsel one will be provided, Miranda rights apply to children taken into custody |
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In re Gault |
Constitutional privileges against self incrimination are applicable to juveniles, most court hold that parents/attorneys need not be present for children to waive their rights, juveniles can waive their right to protection for self incrimination but validity of waiver is determined case by case |
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Shall v Martin |
Preventive detention is allowed |
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Kent vs US |
States must provide a legitimate transfer hearing, sufficient notice must be given to family and attorney, child has right to counsel, must be a statement of the reason for court order regarding transfer |
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Kent vs US |
States must provide a legitimate transfer hearing, sufficient notice must be given to family and attorney, child has right to counsel, must be a statement of the reason for court order regarding transfer |
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Breed v Jones |
Prohibits trying a child in adult court when there was a prior juvenile proceeding, probable cause may exist at transfer hearing, different judge is required for each hearing |
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In re Gault |
Notice of charges, right to counsel, confront witnesses, price leg against self incrimination, right to transcript, right to appellate review |
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McKeiver v Pennsylvania |
Jury trial in juvenile court isn't a constitutional requirement |
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Roper v Simmons |
Unconstitutional for juveniles under 18 to be sentenced to death, violation of 8th amendment |
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Graham v Florida |
Ends practice of LWOP for juveniles convicted of non-homicide crimes |