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- Title
COLLATERAL ATTACK ON JUVENILE COURT DELINQUENCY DECISIONS.
- Authors
Garland, Norman M.
- Abstract
This article discusses the collateral attack of a juvenile court on delinquency decisions. One of the many questions involved in the due process issue is the function of collateral attack of a juvenile court commitment upon a finding of delinquency. Generally, collateral attack of a court's decision via habeas corpus is not limited to criminal cases. Such methods of collateral attack may serve in both civil and criminal cases. Collateral attack by habeas corpus may force a consideration of the claimed rights of a juvenile offender in a completely different context than that of the juvenile court setting and in consequence it may yield a different result. Habeas corpus is one of the basic constitutional privileges accorded citizens of the U.S. One of the purposes of habeas corpus is to inquire into illegal detention with a view to an order releasing the petitioner. Although habeas corpus has been used to question detention in federal cases based upon judicial decisions alleged to be without jurisdiction. A question which one first encounters in examining the propriety of the use of habeas corpus in regard to a juvenile court decision is whether there are legal obstacles in the very foundation of the system which preclude such collateral attack.
- Subjects
UNITED States; JUVENILE courts; JUVENILE delinquency; DUE process of law; HABEAS corpus (International law); DETENTION of persons; CRIME
- Publication
Journal of Criminal Law, Criminology & Police Science, 1966, Vol 57, Issue 2, p136
- ISSN
0022-0205
- Publication type
Article
- DOI
10.2307/1141287