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What US supreme court case upheld the concept of preventive detention for juveniles?
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∙ 11y ago
In re kemmlr
Wiki User
∙ 11y ago
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Did the US Supreme court rule that juveniles cannot be held in pretrial detention?
No, the Supreme Court did not rule juveniles cannot be held in pretrial detention. It was found that in certain cases, holding the accused despite age would be more logical than to release the individual early.
Why has the supreme court upheld preventive detention?
The short answer is "because it is not intended to be punitive and because it serves a legitimate public interest." In any given case, if one of those is not true, the detention is unconstitutional.
Which amendment says criminal may be kept in jail?
Though it is not mentioned in the Constitution, the Supreme Court has upheld the legality of preventive detention, in which someone who is likely to commit a crime if released can be kept incarcerated. Preventive detention is usually reserved for felons accused or convicted of child molestation and similar charges.
When is there no constitutional right to bail?
The Eighth Amendment has been interpreted to mean that bail may be denied if the charges are sufficiently serious. The Supreme Court has also permitted "preventive" detention without bail. In US v. Salerno, 481, US 739 (1987), the Supreme Court held that the only limitation imposed by the bail clause is that "the government's proposed conditions of release or detention not be 'excessive' in light of the perceived evil."
Where does the concept of justiciability originate for the supreme court?
The Constitution
What did the US Supreme Court case Graham v Florida prohibit for juveniles tried as adults?
Graham v. Florida, 560 US __ (2010)(08-7412)The US Supreme Court voted 6-3 that juveniles tried as adults for non-homicide crimes cannot be sentenced to life without possibility of parole.For more information, see Related Questions, below.
Was there at any point life with out parole for juveniles?
Until June 25, 2012 there was life without parole for Juveniles in the US. The case is Miller v. Alabama if you want to look it up. In this case the Supreme Court ruled that life without parole was cruel and unusual punishment.In Graham v. Florida (2010) the Supreme Court ruled that life without the possibility of parole was okay if the crime was murder.Unitl 2005 in Roper v. Simmons, juveniles could be put to death.These are the "big three" dates in juvenile law.
Is it fair to sentence a 13 year old in prison for life without parole?
The Supreme Court has held that sentencing juveniles to life in prison or any other crime than murder was cruel and unusual punishment. Consequently all juveniles who fit this category are being or have been resentenced.
What is supreme authority within states borders called?
Supreme authority within the borders of a state or nation is sovereign authority. It comes from the concept that the king, or sovereign, had supreme authority within the kingdom.
Examples of the supreme law of the land?
Article VI of the U.S. Constitution establishes the concept of "supreme law of the land." The Constitution, laws passed by Congress, and treaties of the United States are supreme to state and local laws.
What tattoo symbol means supreme being?
The all seeing eye is the most known symbol for the supreme being. This would make the all seeing eye a good tattoo concept to represent the supreme being.
Can you be sued for alienation of affection in Missouri?
No. It was abolished by the Missouri Supreme Court in 2003 as an antiquated concept in law.
