Due Process, Equal Protection and Nebraska's System Allowing the County Prosecutor to Determine Whether a Juvenile Will Be Tried as an Adult
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Authors
Eves, Mark W.
Issue Date
1974
Volume
7
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|A Nebraska juvenile, accused of breaking Nebraska law is alternatively subject to the sanctions of two different court systems. At the discretion of the county attorney, the juvenile may be tried in either the adult or the juvenile court system. Nebraska law provides no criteria to aid the county attorney in making this decision. A child of eight years conceivably could be tried before the adult court if the county attorney found it appropriate. Serious questions arise from this situation. Does this Nebraska system result in a deprivation of due process at a "critical stage" of the criminal proceeding? Does this broad discretion vested in the county prosecutor present a grave risk of arbitrary action repugnant to the equal protection clause of the fourteenth amendment? Who should be vested with the authority to shuttle a youth into either the adult or juvenile court system?...
Description
Citation
7 Creighton L. Rev. 223 (1973-1974)
Publisher
Creighton University School of Law