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legal issue

rule of law

Does it violate the 5th amendment to try, in an adult criminal court, a juvenile who has been already adjudicated delinquent in a juvenile hearing.

Yes, it does violate the 5th amendment to try, in an adult criminal court, a juvenile who has been already adjudicated delinquent in a juvenile hearing.

Background Facts

  • He was considered a "Ward of the Court"
  • Primary indication of hearing was to find Jones ineligible for juvenile program protection

Legal Reasoning

  • applying double jeopardy protection to juvenile proceedings would not 'impede the juvenile courts in carrying out their basic goal of rehabilitating the erring youth,'
  • the contrary result might 'do irreparable harm to or destroy their confidence in our judicial system'
  • 'allow the prosecution to review in advance the accused's defense and, as here, hear him testify about the crime charged,' a procedure it found offensive to 'our concepts of basic, even-handed fairness.'

Background Facts

Darren Alvarez

Gina Connor

Hunter Marshall-House

  • Gary Jones, charged with armed robbery at age 17, in 1971
  • He was tried as a juvenile, and was found delinquent.

Juvenile system goal

Background Facts

  • Stood trial in criminal court(adult) and was found guilty of robbery in the first degree.
  • Jones attorney filed a writ of Habeus Corpus, and said this act violated the 5th amendment due to Double Jeopardy

Breed v. Jones

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