. Therefore, the Judge has consulted with the Chief Judge and other judges of the U.S. District Court for the District of Columbia, with the United States Attorney, with representatives of the Bar, and with other groups concerned and has formulated the following criteria and principles concerning waiver of jurisdiction which are consistent with the basic aims and purpose of the Juvenile Court Act. The statute expressly provides that the record shall be withheld from "indiscriminate" public inspection, "except that such records or parts thereof shall be made available by rule of court or special order of court to such persons . The right to representation by counsel is not a formality. He did not confer with petitioner or petitioner's parents or petitioner's counsel. Create your account. [Footnote 31], We do not agree with the Court of Appeals' statement, attempting to justify denial of access to these records, that counsel's role is limited to presenting, "to the court anything on behalf of the child which might help the court in arriving at a decision; it is not to denigrate the staff's submissions and recommendations.". Kent was then 16, and therefore subject to the "exclusive jurisdiction" of the Juvenile Court. Truly, Kent v. The indictment contained eight counts alleging two instances of housebreaking, robbery, and rape, and one of housebreaking and robbery. Those cases were decided by different panels of the Court of Appeals from that which decided the present case, and, in view of our grant of certiorari and of the importance of the issue, we consider it necessary to resolve the question presented instead of leaving it open for further consideration by the Court of Appeals. See Black v. United States, supra; Watkins v. United States, 119 U.S.App.D.C. The Supreme Court held that the juvenile court's waiver of its jurisdiction in Kent's case was invalid. This is in the teeth of the ruling in United States v. Wood (3 Wash. 440), and the rule laid down in all the American authorities ... as long ago as the year 1666, it was resolved in the House of Lords 'that in case oath should be ... At common law, the second marriage was always void (2 Kent, Com. It is true that the District Court considered and denied a motion to dismiss on the grounds of the invalidity of the waiver order of the Juvenile Court, and that it considered and denied a motion that it should itself, as authorized by statute, proceed in this case to "exercise the powers conferred upon the juvenile court." Accordingly, it held that the Juvenile Court had not abused its discretion in denying access to the social records. The statute is set out at pp. special practices . It held, however, that this is "the kind of adversarial tactics which the system is designed to avoid." Working Scholars® Bringing Tuition-Free College to the Community. Policy Memorandum No. Therefore, the juvenile court could no longer exercise its jurisdiction over Kent. See District of Columbia v. Little, 339 U. S. 1. Our general practice is to leave undisturbed decisions of the Court of Appeals for the District of Columbia Circuit concerning the import of legislation governing the affairs of the District. IV, 1965). Because the State is supposed to proceed in respect of the child as parens patriae, and not as adversary, courts have relied on the premise that the proceedings are "civil" in nature, and not criminal, and have asserted that the child cannot complain of the deprivation of important rights available in criminal cases. Petitioner's counsel, in support of his motion to the effect that the Juvenile Court should retain jurisdiction of petitioner, offered to prove that if petitioner were given adequate treatment in a hospital under the aegis of the Juvenile Court, he would be a suitable subject for rehabilitation. [Footnote 20] But the admonition to function in a "parental" relationship is not an invitation to procedural arbitrariness. Tex.) Harling v. United States, 111 U.S.App.D.C. 1. These provisions, "read in the context of constitutional principles relating to due process and the assistance of counsel," entitle a juvenile to a hearing, to access by his counsel to social records and probation or similar reports which presumably are considered by the Juvenile Court, and to a statement of the reasons for the Juvenile Court's decision sufficient to enable meaningful appellate review thereof. In â¦ These rights are meaningless -- an illusion, a mockery -- unless counsel is given an opportunity to function. The seriousness of the alleged offense to the community and whether the protection of the community requires waiver. 21; D.C.Code § 11-1502 (Supp. There was no arraignment during this, time, no determination by a judicial officer of probable cause for petitioner's apprehension. [Footnote 27]. 279, 281 F.2d 642 (1960). 47, 274 F.2d 556 (1959). In this lesson, you will be introduced to the facts of Kent v. United States as well as the holding and analysis of the Supreme Court. As the Court of Appeals has said, "[I]t is implicit in [the Juvenile Court] scheme that noncriminal treatment is to be the rule -- and the adult criminal treatment the exception which must be governed, by the particular factors of individual cases.". It available to petitioner 's counsel represented that access to such records determining to... 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