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United Way Helps Here! Kansas Legal Services is a statewide legal services organization that seeks to help the impoverished with legal problems. KLS provides an array of unique services, including employment training.  KLS makes a difference by providing quality legal representation. Areas of practice include Domestic & Family Law, Landlord Tenant, Consumer Protection, Elder Law, Juvenile Law, Education Law, Disability, etc.  If you, or someone you know needs help, please call 800-723-6953
Juvenile Offender Case Law Update With discussions regarding future constitutional issues in juvenile court. . .  Changing Juvenile Courts, Expanding Constitutional Rights of Children.
 
In Re L.M. ,  186 P.3d 164 (Kan. 2008) ,[object Object],[object Object],[object Object],[object Object],[object Object]
Setting Up the Litigation! ,[object Object],[object Object],[object Object],[object Object],[object Object]
Jousting the Windmill ,[object Object]
False Starts and Frustrations ,[object Object],[object Object],[object Object]
Contemporaneous Objections ,[object Object]
Preparing for the L.M. Case It all started with Parens Patriae
[object Object],L.M. is a juvenile offender case out of Finney County Kansas. The kid was charged with Aggravated Sexual Battery, a violation of K.S.A. 21-3518, a level five person felony and minor in consumption of alcohol. He requested a jury trial. It was denied. The facts of the case can be summarized as an incident involving a midnight encounter with a female neighbor.  She was 27 and he was 16.  L.M. asked the female for a cigarette and she gave him one. L.M. grabbed or hugged the neighbor requesting a kiss. When the neighbor refused L.M. allegedly licked and kissed her on the cheek and held on to her as she attempted to walk away. L.M. asked her if she “liked to fuck” and the encounter ended with no injury to anyone and L.M. stating, “bye baby.”  L.M. stumbled home drunk.
Brown vs Hall (1930) ,[object Object],[object Object],A Brief History of the Jury Trial Issue In Kansas
Brown vs Hall (1930) A Kansas Case, 129 Kan. 859 ,[object Object],[object Object],[object Object]
Brown vs Hall (1930) A Kansas Case, 129 Kan. 859 ,[object Object],[object Object]
The Brown Court’s Holding ,[object Object]
Kansas Legislature Codified the Court’s Holding; see GS 1949, 38-415 ,[object Object]
Parental Power ,[object Object],Police Power
Constitutional Challenges Laid to Rest! ,[object Object]
McKeiver v. Pennsylvania 1971 ,[object Object]
Kansas After McKeiver ,[object Object],[object Object]
Kansas Cases ,[object Object],[object Object],[object Object],[object Object],[object Object]
Parental Power ,[object Object],Police Power
Police Power is Police Power ,[object Object]
Juvenile Offender Court is a Criminal Prosecution! It’s not just a civil proceeding to find a kid to be a juvenile delinquent. . .
The Kansas Supreme Court Was Brave! Juveniles charged with crime. Kansas Supreme Court! “ . . . we are  undaunted  in our belief that juveniles are entitled to the right to a jury trial guaranteed to all citizens under the Sixth and Fourteenth Amendments to the United States Constitution. . . we conclude that the proceedings under the KJJC fit within the meaning of the phrase ‘all prosecutions’ as set forth in §10 [of the Kansas Constitution], and juveniles have a right to a jury trial under the Kansas Constitution.”
UNDAUNTED ,[object Object]
In Re L.M.,  186 P.3d 164 (Kan. 2008)
Problems With L.M. Case! ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Good things about L.M. Case ,[object Object],[object Object],[object Object],[object Object],[object Object]
Immediate Effects of L.M. ,[object Object],http://inrelm.blogspot.com
In Re J.R.A. , 38 Kan.App.2d 86 (2007) ,[object Object]
In Re P.L.B., 190 P.3d 274 (2008) ,[object Object]
K.S.A. 38-2344 ,[object Object],Failure to follow the statute will require reversal
In Re Z.C. , 2007 Utah 54 (2007 ) ,[object Object]
In Re Z.C. , 2007 Utah 54 (2007 ) ,[object Object],[object Object],[object Object]
More Constitutional Issues in Juvenile Court Paul Shipp
The Most Notable Rights! ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Preliminary Hearings & Probable Cause The interesting question in juvenile court is why it is okay for a prosecutor to just file a complaint in juvenile court, without any judicial oversight. The fourth amendment requires that, “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. ” In spite of the warrant requirement the Juvenile Court procedure requires no judicial review before the case can proceed.  This is an interesting question that should be raised. It is possible that it has already been raised. . .
Right to Bond Does a juvenile have the right to be presumed to be innocent until proven guilty? In juvenile courts it is not unusual to have a younger child involved with young adults, 18 and over, where the adult is able to bond out of jail and be free, where the juvenile is detained, or placed into the immediate custody of the Juvenile Justice Authority for placement outside of the home. Does this make any sense?
 
5 th  Amendment, Miranda Rights
Special Rules Regarding Interrogating Children ,[object Object]
Cop’s actual statements ,[object Object],[object Object]
More Special Rules Regarding Interrogating Children ,[object Object],The U.S. Supreme Court
Donesay/Young Filter ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
4 th  Amendment ,[object Object]
Use of Juvenile Adjudications to Enhance Adult Sentences ,[object Object]
The End

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Juvenile Case Law Update

  • 1. United Way Helps Here! Kansas Legal Services is a statewide legal services organization that seeks to help the impoverished with legal problems. KLS provides an array of unique services, including employment training. KLS makes a difference by providing quality legal representation. Areas of practice include Domestic & Family Law, Landlord Tenant, Consumer Protection, Elder Law, Juvenile Law, Education Law, Disability, etc. If you, or someone you know needs help, please call 800-723-6953
  • 2. Juvenile Offender Case Law Update With discussions regarding future constitutional issues in juvenile court. . . Changing Juvenile Courts, Expanding Constitutional Rights of Children.
  • 3.  
  • 4.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9. Preparing for the L.M. Case It all started with Parens Patriae
  • 10.
  • 11.
  • 12.
  • 13.
  • 14.
  • 15.
  • 16.
  • 17.
  • 18.
  • 19.
  • 20.
  • 21.
  • 22.
  • 23. Juvenile Offender Court is a Criminal Prosecution! It’s not just a civil proceeding to find a kid to be a juvenile delinquent. . .
  • 24. The Kansas Supreme Court Was Brave! Juveniles charged with crime. Kansas Supreme Court! “ . . . we are undaunted in our belief that juveniles are entitled to the right to a jury trial guaranteed to all citizens under the Sixth and Fourteenth Amendments to the United States Constitution. . . we conclude that the proceedings under the KJJC fit within the meaning of the phrase ‘all prosecutions’ as set forth in §10 [of the Kansas Constitution], and juveniles have a right to a jury trial under the Kansas Constitution.”
  • 25.
  • 26. In Re L.M., 186 P.3d 164 (Kan. 2008)
  • 27.
  • 28.
  • 29.
  • 30.
  • 31.
  • 32.
  • 33.
  • 34.
  • 35. More Constitutional Issues in Juvenile Court Paul Shipp
  • 36.
  • 37. Preliminary Hearings & Probable Cause The interesting question in juvenile court is why it is okay for a prosecutor to just file a complaint in juvenile court, without any judicial oversight. The fourth amendment requires that, “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. ” In spite of the warrant requirement the Juvenile Court procedure requires no judicial review before the case can proceed. This is an interesting question that should be raised. It is possible that it has already been raised. . .
  • 38. Right to Bond Does a juvenile have the right to be presumed to be innocent until proven guilty? In juvenile courts it is not unusual to have a younger child involved with young adults, 18 and over, where the adult is able to bond out of jail and be free, where the juvenile is detained, or placed into the immediate custody of the Juvenile Justice Authority for placement outside of the home. Does this make any sense?
  • 39.  
  • 40. 5 th Amendment, Miranda Rights
  • 41.
  • 42.
  • 43.
  • 44.
  • 45.
  • 46.