United States (1966), reflects on the meaning of the decision and its impact on Morris Kent's life. Match. However, because we remand the case on account of the procedural error with respect to waiver of jurisdiction, we do not pass upon these questions.13. 409, 343 F.2d 278 (1964). At the time of these events, there was in effect Policy Memorandum No. It is to petitioner's arguments as to the infirmity of the proceedings by which the Juvenile Court waived its otherwise exclusive jurisdiction that we address our attention. In the circumstances of this case, and in light of the remedy which the Court of Appeals fashioned in Black, supra, we do not consider it appropriate to grant this drastic relief.33 Accordingly, we vacate the order of the Court of Appeals and the judgment of the District Court and remand the case to the District Court for a hearing de novo on waiver, consistent with this opinion.34 If that court finds that waiver was inappropriate, petitioner's conviction must be vacated. D.C.Code § 11-914 (1961), now § 11-1553 (Supp. It, assumes procedural regularity sufficient in the particular circumstances to satisfy the basic requirements of due process and fairness, as well as compliance with the statutory requirement of a "full investigation.". On appeal from these judgments, the United States Court of Appeals held on January 22, 1963, that neither appeal to the Municipal Court of Appeals nor habeas corpus was available. It entered an order waiving jurisdiction, with the recitation that this was done after the required "full investigation." Background. . There is no question that the order is reviewable on motion to dismiss the indictment in the District Court, as specified by the Court of Appeals in this case. In the 1960s, a juvenile on probation named Morris A. Kent, Jr. was arrested for burglary, rape, and robbery. 2102, 119 L.Ed.2d 308 (1992), or United States v. Owens, 103 F.3d 953 (11th Cir. [n8][p550], At trial, petitioner's defense was wholly directed toward proving that he was not criminally responsible because "his unlawful act was the product of mental disease or mental defect." In Kent v. United States, 16-year-old Morris Kent was detained and interrogated by Washington, D.C. police officers regarding a slew of robberies and other crimes. KENT v. UNITED STATES. See also McDaniel v. Shea, 108 U.S.App.D.C. 3. The panel was composed of Circuit Judges Miller, Fahy and Burger. 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.' Harling v. United States, 111 U.S.App.D.C. The statute sets forth no specific standards for the exercise of this important discretionary act, but leaves the formulation of such criteria to the Judge. The problem, thought some, was that the juvenile court did not hold a hearing to come to this conclusion. 2. He had underlying family issues, which caused a “social service” file to be created. Morris A. Kent Jr., a 16-year-old boy, was detained and interrogated by the police in connection with several incidents involving robbery and rape. 47, 50, 274 F.2d 556, 559 (1959). The record does not show when his mother became aware that the boy was in custody, but, shortly after 2 p.m. on September 6, 1961, the day following petitioner's apprehension, she retained counsel. He may be confined, but, with rare exceptions, he may not be jailed along with adults. 552-564. 468, 94 L.Ed. In the case of adults, arraignment before a magistrate for determination of probable cause and advice to the arrested person as to his rights, etc., are provided by law and are regarded as fundamental. 557 (1954).1 Its rule, as enunciated in Ben C. Gerwick, Inc. v. United States, 285 F.2d 432, 436, 152 Ct.Cl. Held: The Juvenile Court order waiving jurisdiction and remitting petitioner for trial in the District Court was invalid. 47, 274 F.2d 556 (1959). In Black v. United States, decided by the Court of Appeals on December 8, 1965, the court29 held that assistance of counsel in the 'critically important' determination of waiver is essential to the proper administration of juvenile proceedings. On the contrary, if the staff's submissions include materials which are susceptible to challenge or impeachment, it is precisely the role of counsel to "denigrate" such matter. This section permits the Judge to waive jurisdiction "after full investigation" in the case of any child. As Justice Fortas stated in the Court’s opinion, sometimes juveniles get the worst of both worlds. The basis for this distinction -- that petitioner was "sane" for purposes of the housebreaking and robbery but "insane" for the purposes of the rape -- apparently was the hypothesis, for which there is some support in the record, that the jury might find that the robberies had anteceded the rapes, and, in that event, it might conclude that the housebreakings and robberies were not the products of his mental disease or defect, while the rapes were produced thereby. He made no findings. Harling v. United States, 111 U.S.App.D.C. Kent was indicted in district court. The only matter before me is as to whether or not the statutory provisions were complied with and the Courts have held . His interrogation proceeded from about 3 p.m. to 10 p.m. the same evening. A psychiatric examination of Kent was arranged by his attorney. D.C.Code § 11—907 (1961), now § 11—1551 (Supp. However, because we remand the case on account of the procedural error with respect to waiver of jurisdiction, we do not pass upon these questions. The Social Service file and the September 8 report were later sent to the District Court and it appears that both of them referred to petitioner's mental condition. 47, 50, 274 F.2d 556, 559 (1959). It appears, however, that two cases decided by the Court of Appeals subsequent to its decision in the present case may have considerably modified the court's construction of the statute. Although not all such factors will be involved in an individual case, the Judge will consider the relevant factors in a specific case before reaching a conclusion to waive juvenile jurisdiction and transfer the case to the U.S. District Court for the District of Columbia for trial under the adult procedures of that Court. Kent argues that a different conclusion is required by either United States v. Thompson/Center Arms, 504 U.S. 505, 112 S.Ct. 119 U.S.App.D.C. The issue is the standards to be applied upon such review. Petitioner also urges that the District Court erred in the following respects: (1) It gave the jury a version of the 'Allen' charge. Since the statements were made while petitioner was subject to the jurisdiction of the Juvenile Court, they were inadmissible in a subsequent criminal prosecution under the rule of Harling v. United States, 111 U.S.App.D.C. 119 U.S.App.D.C. The facts and the contentions of counsel raise a number [p543] of disturbing questions concerning the administration by the police and the Juvenile Court authorities of the District of Columbia laws relating to juveniles. Therefore, I would vacate this judgment and remand the case to the Court of Appeals for reconsideration in the light of its subsequent decisions, Watkins v. United States, 119 U.S.App.D.C. Correspondingly, we conclude that an opportunity for a hearing which may be informal, must be given the child prior to entry of a waiver order. The issue is the standards to be applied upon such review. Kent v. United States. Kent v. United States (1966) 1. 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 record and previous history of the juvenile, including previous contacts with the Youth Aid Division, other law enforcement agencies, juvenile courts and other jurisdictions, prior periods of probation to this Court, or prior commitments to juvenile institutions. The court had obtained the "Social Service" file from the Juvenile Court and had made it available to petitioner's counsel. Being granted this right would ensure that Kent was being granted a fair trial. It will be the responsibility of any officer of the Court's staff assigned to make the investigation of any complaint in which waiver of jurisdiction is being considered to develop fully all available information which may bear upon the criteria and factors set forth above. 228, 241, 214 F.2d 862, 875, 45 A.L.R.2d 1430 (1954). It states the circumstances in which jurisdiction may be waived and the child held for trial under adult procedures, but it does not state standards to govern the Juvenile Court's decision as to waiver. (2) It failed to give an adequate and fair competency hearing. It appears that the attack on the regularity of the waiver of jurisdiction was made 17 years after the event, and that no objection to waiver had been made in the District Court. Kent v. United States. 119 U.S.App.D.C. We do not deem it appropriate merely to vacate the judgment and remand to the Court of Appeals for reconsideration of its present decision in light of its subsequent decisions in Watkins and Black, supra. Kent v. the United States is a Supreme Court case regarding juveniles’ due process rights. This Memorandum has since been rescinded. It prevents routine waiver in certain classes of alleged crimes. Harling v. United States, 111 U.S.App.D.C. on the question of waiver." It noted the absence of 'a specification by the Juvenile Court Judge of precisely why he concluded to waive jurisdiction.' In Wakins v. United States, 119 U.S.App.D.C. It characterized counsel's proper function as being merely that of bringing forward affirmative information which might help the court. Petitioner appealed to the United States Court of Appeals for the District of Columbia Circuit. It is of the essence of justice. Harling v. United States, 111 U.S.App.D.C. KENT V. UNITED STATES Darrel Jones December 17, 2014 Northeastern State University Abstract The case of Kent V. United States is a historical case in the United States. 5(a), (b); Mallory v. United States, 354 U.S. 449, 77 S.Ct. While the Juvenile Court judge may, of course, receive ex parte analyses and recommendations from his staff, he may not, for purposes of a decision on waiver, receive and rely upon secret information, whether emanating from his staff or otherwise. 'All of the social records concerning the child are usually relevant to waiver since the Juvenile Court must be deemed to consider the entire history of the child in determining waiver. It does not confer upon the Juvenile Court a license for arbitrary procedure. Kent v. United States, 157 F.2d 1 (5th Cir. It requires a judgment in each case based on 'an inquiry not only into the facts of the alleged offense but also into the question whether the parens patriae plan of procedure is desirable and proper in the particular case.' General Motors Corp. v. District of Columbia, 380 U.S. 553, 556. 13 hours ago. There is no indication in the file that the police complied with the requirement of the District Code that a child taken into custody, unless released to his parent, guardian or custodian, 'shall be placed in the custody of a probation officer or other person designated by the court, or taken immediately to the court or to a place of detention provided by the Board of Public Welfare, and the officer taking him shall immediately notify the court and shall file a petition when directed to do so by the court.' The September 8 report spoke of "a rapid deterioration of [petitioner's] personality structure and the possibility of mental illness." will not ordinarily review decisions of the United States Court of Appeals [for the District of Columbia Circuit], which are based upon statutes . MR. JUSTICE FORTAS delivered the opinion of the Court. It may not "assume" that there are adequate reasons, nor may it merely assume that "full investigation" has been made. at 389, 343 F.2d at 258. This case is here on certiorari to the United States Court of Appeals for the District of Columbia Circuit. [n22], While there can be no doubt of the original laudable purpose of juvenile courts, studies and critiques in recent years raise serious questions as to whether actual performance measures well enough against theoretical purpose to make tolerable the immunity of the process from the reach of constitutional guaranties applicable to adults. 12.Cf. Whether the alleged offense was against persons or against property, greater weight being given to offenses against persons especially if personal injury resulted. An offense falling within the statutory limitations (set forth above) will be waived if it has prosecutive merit and if it is heinous or of an aggravated character, or -- even though less serious -- if it represents a pattern of repeated offenses which indicate that the juvenile may be beyond rehabilitation under Juvenile Court procedures, or if the public needs the protection afforded by such action. We do not consider whether, on the merits, Kent should have been transferred; but there is no place in our system of law for reaching a result of such tremendous consequences without ceremony -- without hearing, without effective assistance of counsel, without a statement of reasons. It therefore concluded that the statutory requirement of a "full investigation" had been met. 17. The court observed that. D.C.Code § 11-907 (1961), now § 11-1551 (Supp. Kent v. United States Case Brief Facts Morris A. Kent was apprehended for house break-ins, robbery, and rape; he was placed on probation. an inquiry not only into the facts of the alleged offense but also into the question whether the parens patriae plan of procedure is desirable and proper in the particular case. 378, 343 F.2d 247, reversed and remanded. 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. Flashcards. In this assignment, conduct a case study of Kent v. United States, In re Gault, and In re Winship. Court should review at 389, 343 F.2d at 253 a magistrate, Fahy! Officers for his offenses, he may not be considered as controlling States page 7 Kent v. United,! 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