Procedural Due Process

Improved Essays
Show More
The Fourteenth Amendment extended the liberties offered federally by the Fifth Amendment to the state level of government, which established the Due Process Clause (Chapman & Yoshino, n.d.). Furthermore, the Fourteenth Amendment guarantees procedural due process, the individual rights listed in the Bill of Rights, incorporated against the states, and substantive due process (Chapman & Yoshino, n.d.). In the case of In re Gault, Gault was confined to an Industrial School until his twenty-first birthday, and the Supreme Court determined the sentence was a violation of procedural due process afforded by the Fourteenth Amendment (Cornell Law School, n.d.). Consequently, procedural due process outlines the processes the government must follow before depriving an individual of life, liberty, or property (Chapman & Yoshino, n.d.). Additionally, at a minimum, procedural due …show more content…
The juvenile courts must decide what programs options are best suited for the juvenile based upon present demographical and criminal factors, and cater those options to the specific offender. Furthermore, the goal of the juvenile court system is to provide juveniles with sufficient skills to eliminate their delinquent behavior while reinforcing positive behaviors to avoid future criminal activity.

References

Chapman, N.S., &Yoshino, K. (n.d.). THE FOURTEENTH AMENDMENT DUE PROCESS CLAUSE. Retrieved from https://constitutioncenter.org/interactive-constitution/amendments/amendment-xiv/common-interpretation-due-process-clause-of-the-fourteenth-amendment/clause/12

Cornell Law School. (n.d.). In re Gault. Retrieved from https://www.law.cornell.edu/supremecourt/text/387/1
Elrod, P., & Ryder, R. S. (2014). Juvenile justice: a social, historical, and legal perspective (4th ed.). Burlington, MA: Jones & Bartlett

Related Documents

  • Superior Essays

    Parens Patriae Case Study
    • 2290 Words
    • 10 Pages

    Parens Patriae Case Study

    In the early 1600s, Parens Patriae was the approach that started the foundation of the early Juvenile Justice System. This concept was operated in Chancery Court that referred to the king’s role as the ‘father of the country’ and granted the power of the state to act on behalf of the child and assure protection as would a parent (Gulledge, 2015b). During this time and for many decades, children were treated as if they were adults. They were pushed into the workforce, which limited their education, and wrongfully punished. As people began to realize that their children were too young to endure such a harsh workforce, reformers gathered and enforced that there needed to be a change.…

    • 2290 Words
    • 10 Pages
    Superior Essays
    Read More
  • Improved Essays

    How Did Gideon V. Wainwright Violate The Due Process
    • 262 Words
    • 2 Pages

    How Did Gideon V. Wainwright Violate The Due Process

    In the case Gideon V. Wainwright the due process did not happen constitutional. The due process is the fair treatment through the normal judicial system. The source of the due process is under the Fifth Amendment that no one shall be “deprived of life, liberty or property without due process of law.” The reason why that this process applies to the fifty states as well as the federal government, that is prohibits the stats as well as the local government officials, from depriving a person of life, liberty or property without a legislative authorization.…

    • 262 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    The Due Process Clause Of The 13th Amendment Summary
    • 572 Words
    • 3 Pages

    The Due Process Clause Of The 13th Amendment Summary

    On August 18, 1983, Officer Patrick Anderson was off-duty when he was approached by a man named Francis Connelly in Denver, Colorado. Connelly admitted to Anderson, without any prompting, that he had murdered someone and he needed to talk about it. Anderson read Connelly the Miranda rights and asked him if he understood theses rights. Connelly understood the rights, but he still wanted to talk about the murder. Anderson was surprised that Connelly was still willing to confess to the crime, so he asked if he was on drugs or alcohol.…

    • 572 Words
    • 3 Pages
    Improved Essays
    Read More
  • Decent Essays

    Due Process Clause Of The 14th Amendment And The Bill Of Rights
    • 70 Words
    • 1 Pages

    Due Process Clause Of The 14th Amendment And The Bill Of Rights

    The court found that Gault had been denied safety under the Due Process Clause of the 14th Amendment and the Bill of Rights. The 14th Amendment and the Bill of Rights are not for adults only juveniles are entitled to them as well. Gerald did not have the opportunity to have counsel represent him during his time of arrest; therefore he was not given a fair chance in the beginning.…

    • 70 Words
    • 1 Pages
    Decent Essays
    Read More
  • Improved Essays

    Due Process Clause Case Summary
    • 734 Words
    • 3 Pages

    Due Process Clause Case Summary

    Brandon Betterman, the petitioner in this case, pleads guilty to jumping bail after not appearing for his court date on charges of domestic assault. Between his conviction and his sentencing, Betterman waited fourteen months due to a delay within the institution (Betterman). He believes that fourteen months should be taken off of his sentencing. This began the ultimate constitutional debate concerning what he considered his right to a speedy trial. The ruling claimed by the Montana Supreme Court stated the Sixth Amendment’s Speedy Trial Clause does not apply to the post conviction and pre-sentencing delay (Betterman).…

    • 734 Words
    • 3 Pages
    Improved Essays
    Read More
  • Great Essays

    No Matter How Loud I Shout Summary
    • 1776 Words
    • 8 Pages

    No Matter How Loud I Shout Summary

    Edward Humes vents his disappointments about the juvenile justice system in No Matter How Loud I Shout. As a counselor and teacher of juvenile delinquents in LA County, Humes depicts huge numbers of his experiences. He talks about the general juvenile justice system in the United States, yet additionally limits it down to the system of his district as he depicts one year of cooperations with seven delinquents. All through, Humes brings up a significant number of the weaknesses that he has gotten comfortable with through his work. Humes contends that the gaps in the system, the absence of care by authorities, and the misrepresented responses of people in general exacerbate a terrible circumstance much than it ought to be…

    • 1776 Words
    • 8 Pages
    Great Essays
    Read More
  • Improved Essays

    Differences Between Fifth And Fourteenth Amendments
    • 847 Words
    • 4 Pages

    Differences Between Fifth And Fourteenth Amendments

    The United States takes pride in the justice and fairness offered to the residing population; we have been seen as the land of opportunity and liberty. The Bill of Rights and Constitution entails much of the credit for this ideal of American Democracy, but more specifically, the Due Process mentioned within the Fifth and Fourteenth Amendments. The Due Rights Clause grants protection to the people from the government within the legal system. Originally, the Due Process applied towards the federal level, but was later extended to the State through the reconstruction amendments serving to further the notion for better democratic treatment within the justice system. The sole purpose of the Due Process clause is to grant citizens protection and avoid governmental invasion of privacy and unfair treatment.…

    • 847 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Essay On The Eight Amendment
    • 442 Words
    • 2 Pages

    Essay On The Eight Amendment

    The U.S. Constitution was established in 1787. The Constitution created a stronger federal government with three branches–executive, legislative and judicial–along with a system of checks and balances. The Bill of Rights was ratified in 1791. The Bill of Rights guaranteed basic individual rights to all Americans. The Bill of Rights consists of the first 10 Amendments to the constitution.…

    • 442 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    JJDPA And Paens Patriae Case Analysis
    • 933 Words
    • 4 Pages

    JJDPA And Paens Patriae Case Analysis

    Juvenile law is typically governed by the state and most states set the age for criminal culpability at eighteen (deferring between seventeen and nineteen in some cases) (Walsh, 2016). The founders of the juvenile court saw it as “a system of justice that would protect youth from potential harms of adult court and that seek to not only punish but also to advance the ‘best interests’ of youth.” The juvenile court, unlike adult court, is guided by parens patriae, which is Latin for “state as parent.” The juvenile court is set up to act as the parent and it can punish and dismiss cases how it seems is appropriate, while also seeking to help juveniles in a way that can lead them to live productive lives (Mears, Kuch, Lindsey, Siennick, Pesta, Greenwald & Bloomberg,…

    • 933 Words
    • 4 Pages
    Improved Essays
    Read More
  • Superior Essays

    Four Amendments Of The Bill Of Rights Analysis
    • 1229 Words
    • 5 Pages

    Four Amendments Of The Bill Of Rights Analysis

    The U.S. Constitution was established to give an understanding of the principles and the laws of the nation. The U.S. Constitution contains twenty-seven amendments. The first ten amendments are known as the Bill of Rights. The Bill of Rights was created to protect rights of citizens of the United States and balance the power of the government. The four amendments of the Bill of Rights that deal with criminal procedure are the Fourth, Fifth, Sixth, and Eighth Amendments.…

    • 1229 Words
    • 5 Pages
    Superior Essays
    Read More
  • Superior Essays

    Due Process Protection Essay
    • 2120 Words
    • 9 Pages

    Due Process Protection Essay

    When it comes to the United States Supreme Court and the Juvenile Court, things changed in the 1960s, when the Supreme Court issued several decisions that would expand the due process rights for any criminal defendant. This was under the leadership of Chief Justice Earl Warren, who was concerned that civil liberties and human rights and how they were reflected in decisions. “In general, the Court believed that criminal defendants were citizens who were presumed innocent until they had been proven guilty beyond a reasonable doubt. As citizens, criminal defendants were entitled to the rights and privileges guaranteed by the U.S. Constitution” (Bernard pg. 96). There were two cases that were important on this matter, that of Mapp vs. Ohio in…

    • 2120 Words
    • 9 Pages
    Superior Essays
    Read More
  • Improved Essays

    Reasons For Alternatives To Incarceration
    • 719 Words
    • 3 Pages

    Reasons For Alternatives To Incarceration

    However, community corrections programs have often failed to reduce prison populations. The juvenile court 's work is very difficult and involves some of the most emotion-laden and controversial issues in our society. As such, its decisions often find disagreement. The extent to which the court 's discretionary authority in individual cases should be expanded or restrained continues to be debated for all types of cases before the court , because these courts make decisions regarding so…

    • 719 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Social Disparities In The Juvenile Justice System
    • 774 Words
    • 4 Pages

    Social Disparities In The Juvenile Justice System

    Around 100 years ago, the juvenile justice system was established in order to divert youthful offenders from the courts harsh punishments which has long lasting effects. The juvenile justice system focused and encouraged rehabilitation based on a juveniles individual needs. This system created for minors was to differ from those of the adult courts in a number of ways. Instead of focusing on the criminal act that had brought the juvenile offender into the court room in the first place, this system was designed to focus on the minor or juvenile as a person who was in need of assistance.…

    • 774 Words
    • 4 Pages
    Improved Essays
    Read More
  • Superior Essays

    The 14th Amendment And The Bill Of Rights
    • 1372 Words
    • 5 Pages

    The 14th Amendment And The Bill Of Rights

    The 14th Amendment and the Bill of Rights John Barron was a business owner of a wharf that was located on the Baltimore’s harbor in the deepest part. In 1815, the city of Baltimore decided to do improvements to their streets, which in turn diverted streams this caused the soil in front of Barron’s wharf to build up. In a little over 6 years the soil build up made it where ships could no longer tie up at the wharf. John Barron had to go out of business. In return, John sued the city of Baltimore in state court for the ruin of his wharf business.…

    • 1372 Words
    • 5 Pages
    Superior Essays
    Read More
  • Superior Essays

    The Juvenile Rights Period
    • 1737 Words
    • 7 Pages

    The Juvenile Rights Period

    The justices were concerned that juveniles could be remanded to adult court without a fair hearing. The decision granted juveniles the right to a formal hearing, representation at the hearing, and access to the records that would be reviewed by the judge prior to the hearing. The decision also granted juveniles the right to a written justification for the order. In re Gault (1967), the Supreme Court further defined the due process rights guaranteed to juvenile defendants. The Gault decision led to four basic rights.…

    • 1737 Words
    • 7 Pages
    Superior Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings