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Children's Rights Under and the Law$
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Samuel Davis

Print publication date: 2011

Print ISBN-13: 9780199795482

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199795482.001.0001

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The Supreme Court and Juvenile Justice

The Supreme Court and Juvenile Justice

(p.224) 9 The Supreme Court and Juvenile Justice
Children's Rights Under and the Law

Samuel M. Davis

Oxford University Press

This chapter reviews Supreme Court decisions in juvenile justice cases. It begins in 1967 when the Court decided In re Gault until its decision most recently in Safford Unified School District No. 1 v. Redding. It argues that while the Gault decision served to constitutionalize juvenile court proceedings, it did not stand for the proposition that all rights to which adults are entitled in the criminal process are automatically guaranteed to juveniles in the juvenile process. Indeed, the Court, after holding that juveniles are entitled to the protection against double jeopardy, later decided that juveniles have limited Fifth Amendment protection against self-incrimination during police questioning, could be subjected to preventive detention, and enjoy less than full Fourth Amendment protection against unreasonable search and seizure, particularly in the school setting.

Keywords:   Supreme Court, case law, juvenile justice, juveniles, juvenile court, double jeopardy, Fifth Amendment, Fourth Amendment

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