What was the date of the Supreme Court case Kent v USA?
United States Supreme Court 1 KENT v. UNITED STATES (1966). 2 No. 104. 3 Argued: January 19, 1966 Decided: March 21, 1966. Petitioner was arrested at the age of 16 in connection with charges of... More ...
What was the issue in the Kentucky v Kent case?
KENT v. UNITED STATES KENT v. UNITED STATES KENT v. UNITED STATES (1966) Petitioner was arrested at the age of 16 in connection with charges of housebreaking, robbery and rape.
What happened to William Kent in 1961?
At about 3 p. m. on September 5, 1961, Kent was taken into custody by the police. Kent was then 16, and therefore subject to the "exclusive jurisdiction" of the Juvenile Court. He was still on probation to that court as a result of the 1959 proceedings. Kent was detained on a Receiving Home for one week.
What is due process in Kent v United States?
Due process refers to the constitutional right of a citizen to have a fair legal process, such as presenting only evidence that was obtained legally. In Kent v. United States, since Kent was sixteen years old at the time of his offense, his case started in the juvenile court before being transferred to the criminal court.
What happened to Morris Kent?
After Morris Kent was convicted on six counts of burglary and robbery and acquitted of two counts of rape due to reason of insanity, Kent appealed...
What was Morris Kent accused of?
Morris Kent was accused of three counts of burglary, three counts of robbery, and two counts of rape. Kent had previously been on probation for sim...
What is the significance of Kent v. United States?
Kent v. United States set the precedent for juvenile due process, ensuring that youth are entitled to the same amount of due process as adults when...
What was the issue in Kent v. United States?
Morris Kent, a sixteen year old boy, was charged with burglary, robbery, and rape. Since he was sixteen years old, the juvenile court has jurisdict...
What was the major ruling in the US Supreme Court concerning Kent v. United States?
The Supreme Court ruled that the juvenile court had not conducted a sufficient investigation of Kent's case before waiving jurisdiction to the dist...
How long was Kent in prison?
Kent was sentenced to serve five to 15 years on each count as to which he was found guilty, or a total of 30 to 90 years in prison. The District Court ordered that the time to be spent at St. Elizabeth's on the mandatory commitment after the insanity acquittal be counted as part of the 30- to 90-year sentence.
When was Morris Kent taken into custody?
They matched the fingerprints of Morris Kent, taken when he was 14 years old and under the jurisdiction of the Juvenile Court. At about 3 p.m. on September 5, 1961, Kent was taken into custody by the police. Kent was then 16, and therefore subject to the "exclusive jurisdiction" of the Juvenile Court.
What did petitioner's counsel move to give him access to?
At the same time, petitioner's counsel moved that the Juvenile Court should give him access to the Social Service file relating to petitioner which had been accumulated by the staff of the Juvenile Court during petitioner's probation period, and which would be available to the Juvenile Court judge in considering the question whether it should retain or waive jurisdiction. Petitioner's counsel represented that access to this file was essential to his providing petitioner with effective assistance of counsel.
Why is the juvenile court's waiver of jurisdiction defective?
He contends that the waiver is defective because no hearing was held; because no findings were made by the Juvenile Court; because the Juvenile Court stated no reasons for waiver; and because counsel was denied access to the Social Service file which presumably was considered by the Juvenile Court in determining to waive jurisdiction.
What was the appeal of the juvenile court's waiver order?
Petitioner appealed from the Juvenile Court's waiver order to the Municipal Court of Appeals, which affirmed, and also applied to the United States District Court for a writ of habeas corpus, which was denied. 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. In the Court of Appeals' view, the exclusive method of reviewing the Juvenile Court's waiver order was a motion to dismiss the indictment in the District Court. Kent v. Reid, 114 U.S.App.D.C. 330, 316 F.2d 331 (1963).
What time did petitioner go to the receiving home for children?
Sometime after 10 p.m., petitioner was taken to the Receiving Home for Children. The next morning, he was released to the police for further interrogation at police headquarters, which lasted until 5 p.m. [ Footnote 2]
When was the waiver decision made?
United States, decided by the Court of Appeals on December 8, 1965 , the court held that [ Footnote 29] assistance of counsel in the "critically important" determination of waiver is essential to the proper administration of juvenile proceedings.
What happened to Kent in 1961?
On September 2, 1961, an intruder entered the apartment of a woman in the District of Columbia. He took her wallet.
How long was Kent in prison?
Kent was sentenced to serve five to 15 years on each count as to which he was found guilty, or a total of 30 to 90 years in prison. The District Court ordered that the time to be spent at St. Elizabeth's on the mandatory commitment after the insanity acquittal be counted as part of the 30- to 90-year sentence.
Why is the juvenile court's waiver of jurisdiction defective?
He contends that the waiver is defective because no hearing was held; because no findings were made by the Juvenile Court; because the Juvenile Court stated no reasons for waiver; and because counsel was denied access to the Social Service file which presumably was considered by the Juvenile Court in determining to waive jurisdiction.
What was the appeal of the juvenile court's waiver order?
Petitioner appealed from the Juvenile Court's waiver order to the Municipal Court of Appeals, which affirmed, and also applied to the United States District Court for a writ of habeas corpus, which was denied. 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. In the Court of Appeals' view, the exclusive method of reviewing the Juvenile Court's waiver order was a motion to dismiss the indictment in the District Court. Kent v. Reid, 114 U.S.App.D.C. 330, 316 F.2d 331 (1963).
What time was petitioner taken to the receiving home for children?
Sometime after 10 p.m., petitioner was taken to the Receiving Home for Children. The next morning, he was released to the police for further interrogation at police headquarters, which lasted until 5 p.m. [n2]
Why is the state supposed to proceed in respect of the child as parens patriae?
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.
When was the petitioner indicted?
Meanwhile, on September 25, 1961, shortly after the Juvenile Court order waiving its jurisdiction, petitioner was indicted by a grand jury of the United States District Court for the District of Columbia.
What happened to Kent in 1961?
On September 2, 1961, an intruder entered the apartment of a woman in the District of Columbia. He took her wallet.
How long was Kent in prison?
Kent was sentenced to serve five to 15 years on each count as to which he was found guilty, or a total of 30 to 90 years in prison. The District Court ordered that the time to be spent at St. Elizabeths on the mandatory commitment after the insanity acquittal be counted as part of the 30- to 90-year sentence.
Why is the juvenile court's waiver of jurisdiction defective?
He contends that the waiver is defective because no hearing was held; because no findings were made by the Juvenile Court; because the Juvenile Court stated no reasons for waiver; and because counsel was denied access to the Social Service file which presumably was considered by the Juvenile Court in determining to waive jurisdiction.
What did petitioner's counsel move to give him access to?
At the same time, petitioner's counsel moved that the Juvenile Court should give him access to the Social Service file relating to petitioner which had been accumulated by the staff of the Juvenile Court during petitioner's probation period, and which would be available to the Juvenile Court judge in considering the question whether it should retain or waive jurisdiction. Petitioner's counsel represented that access to this file was essential to his providing petitioner with effective assistance of counsel.
What age was Petitioner arrested?
Petitioner was arrested at the age of 16 in connection with charges of housebreaking, robbery and rape. As a juvenile, he was subject to the exclusive jurisdiction of the District of Columbia Juvenile Court unless that court, after "full investigation," should waive jurisdiction over him and remit him for trial to the United States District Court ...
When was the petitioner indicted?
Meanwhile, on September 25, 1961, shortly after the Juvenile Court order waiving its jurisdiction, petitioner was indicted by a grand jury of the United States District Court for the District of Columbia.
When did the mother of the boy in custody get counsel?
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. Counsel, together with petitioner's mother, promptly conferred with the Social Service Director of the Juvenile Court.
Facts
An intruder entered the apartment of a woman in the District of Columbia and raped her. The police later found the fingerprints and matched the fingerprints to Kent (defendant). After police took Kent into custody and interrogated him for seven hours, Kent confessed his involvement, and the police placed Kent in detention.
Rule of Law
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Issue
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Questions and answers
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How long was Kent in prison?
Kent was sentenced to serve five to 15 years on each count as to which he was found guilty, or a total of 30 to 90 years in prison. The District Court ordered that the time to be spent at St. Elizabeths on the mandatory commitment after the insanity acquittal be counted as part of the 30- to 90-year sentence. Petitioner appealed to the United States Court of Appeals for the District of Columbia Circuit. That court affirmed. 119 U.S.App.D.C. 378, 343 F.2d 247 (1964). 11
When was Morris Kent taken into custody?
They matched the fingerprints of Morris Kent, taken when he was 14 years old and under the jurisdiction of the Juvenile Court. At about 3 p.m. on September 5, 1961, Kent was taken into custody by the police. Kent was then 16 and therefore subject to the 'exclusive jurisdiction' of the Juvenile Court.
What did petitioner's counsel move to give him access to?
At the same time, petitioner's counsel moved that the Juvenile Court should give him access to the Social Service file relating to petitioner which had been accumulated by the staff of the Juvenile Court during petitioner's probation period, and which would be available to the Juvenile Court judge in considering the question whether it should retain or waive jurisdiction. Petitioner's counsel represented that access to this file was essential to his providing petitioner with effective assistance of counsel.
Why is the juvenile court's waiver of jurisdiction defective?
He contends that the waiver is defective because no hearing was held; because no findings were made by the Juvenile Court; because the Juvenile Court stated no reasons for waiver; and because counsel was denied access to the Social Service file which presumably was considered by the Juvenile Court in determining to waive jurisdiction.
What is petitioner's counsel's motion to retain jurisdiction of petitioner?
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. 10.
When was the waiver of juvenile rights ruled?
United States, decided by the Court of Appeals on December 8 , 1965 , the court29held that assistance of counsel in the 'critically important' determination of waiver is essential to the proper administration of juvenile proceedings.
What happened to Morris Kent?
He raped her. The police found in the apartment latent fingerprints. They were developed and processed. They matched the fingerprints of Morris Kent, taken when he was 14 years old and under the jurisdiction of the Juvenile Court. At about 3 p.m. on September 5, 1961, Kent was taken into custody by the police. Kent was then 16 and therefore subject to the 'exclusive jurisdiction' of the Juvenile Court. D.C.Code § 11—907 (1961), now § 11—1551 (Supp. IV, 1965). He was still on probation to that court as a result of the 1959 proceedings.
