Due Process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property.

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Presentation transcript:

Due Process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law

4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5th Amendment to the US Constitution No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;...

6th Amendment to the US Constitution In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

8th Amendment to the US Constitution Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Procedural due process requires government officials to follow fair procedures before depriving a person of life, liberty, or property.  When the government seeks to deprive a person of one of those interests, procedural due process minimally requires for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decision maker.

Purpose of the Juvenile court Remove children form adult jails and prisons Control children’s behavior outside of the criminal court Avoid the obstacles of due process protections in criminal procedures by establishing a civil process

Due Process Rights in Juvenile Justice Kent v U.S. (1966) (due process in transfer hearing) In Re Gault (1967)* (due process in juvenile trials) In Re Winship (1970) (standard of proof for determining guilt) McKeiver v Penn (1971) (jury trials for children )