Double Jeopardy; Juvenile Courts; Transfer to Criminal Court; Adjudicatory Proceedings; Breed v. Jones
THE FIFTH AMENDMENT prohibition against double jeopardy is designed to protect both federal and state' defendants from the embarrassment, expense and ordeal of successive criminal trials, which not only create anxiety and uncertainty in an accused, but also increase the danger that an innocent person may be convicted.' However, as a result of the "juvenile court's assumed ability to function in a unique manner"' a juvenile is not extended the protection of the panoply of constitutional rights afforded an adult in a criminal proceeding. Accordingly, the Supreme Court, in Breed v. Jones, was called upon to determine the applicability and impact of the double jeopardy clause on juvenile proceedings.
Mittenthal, Barry S.
"Double Jeopardy; Juvenile Courts; Transfer to Criminal Court; Adjudicatory Proceedings; Breed v. Jones,"
Akron Law Review: Vol. 9:
2, Article 11.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol9/iss2/11