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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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Differential Treatment of Children and Adults

(p.253) 10 Delinquency
Children's Rights Under and the Law

Samuel M. Davis

Oxford University Press

This chapter addresses the application of the fundamental fairness test to several areas of the juvenile process, including pretrial detention, arrest and search and seizure, interrogation, transfer between courts, adjudication, and disposition. In some of these areas, the Supreme Court has extended to juveniles some of the constitutional protections that adults enjoy. In other cases it has not. In all cases, however, the Court's analysis will begin with reference to the test enunciated in Gault. The chapter also addresses the matter of the juvenile court's jurisdiction.

Keywords:   juvenile process, fundamental fairness test, juvenile court, Supreme Court, jurisdiction, juveniles

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