CHILDREN AND THE LAW
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Delinquency Matters
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Disposition
.........Federal
4 Cards On This Topic:
Where record does not show beyond reasonable doubt that JDA violations were harmless error, remand to district court is appropriate.
Where M deprived of rights under JDA to prompt notification and arraignment, and to counsel of responsible adult before questioning, confession highly prejudicial and should not have been used against him to initiate proceedings.
M correctly sentenced under Fed. Juv. Delinquency Act to 4 yrs' detention and 1 yr. jv supervision because he had passed his 18th birthday at the time of disposition; sentencing did not violate Ex Post Facto Clause.
Lengthy, restrictive sentence given 14-yr. old vacated as both arbitrary and in direct contravention of rehabilitative purposes of Federal Juvenile Delinquency Act.