Evening star., 1959-06-26
|nforma|ity Backed
For Juvenile Law
Appeal Court
Ruling Clears
D. c. System
BY PAUL THOMAS
Star Stan Writer

Court was given the full bless
ing Yesterday of the United
States Court of Appeals.
In a decision of major inn
portance. the appellate court
cleared away a cloud OF con-
fusion as to how Juvenile Court
Judge Orm w. Ketcham should
apply constitutional guarantees
and formal rules of evidence in
dealing with his youthful
charges.
And the legal community was
reminded that a District Court
Judge under specific pro-
visions of law - may assume
the powers of a juvenile judge
in disposing of criminal charges
against youths waived from the
local Juvenile Court.
Chief Appellate Court Judge
E. Barrett Prettyman and
Judges David L. Bazelon and
Warren E. Burger acted in a
case in which they sent back
to District Court for further
proceedings a case involving
four youths convicted of rob-
berry and assault with intent
to commit rape in 1857.
Judge Prettyman's opinion
said in connection with the case
that juveniles waived from the
Jurisdiction of the Juvenile
Court and tried as adults in
district Court are entitled to
all constitutional guarantees
against the use of trial evidence
gained illegally.
Safeguards Qualified
But the opinion made it clear
that safeguards provided those
tried under Juvenile Court pro-
cedures should be determined
from the requirements of due
process and fair treatment. and
not by the direct application Of
clauses of the Constitution
which in terms apply to GRIM
inal cases"
Judge Prettyman, although
not defining fair treatment.
added that what constitutes due
process depends on the cir
cumstances of each individual
case"
The opinion said that a ju-
venile. until jurisdiction in his
case is waived by Juvenile
Court, is mot accused of a
crime, not tried for a crime.
not convicted of a crime, not
deemed to be a criminal, not
punished as a criminal"
In effect he is exempt from
the criminal law"
Judge Prettyman said that
Juvenile Court is charged with
deciding whether it should re-
tain jurisdiction over a child
under these terms or waive the
case to the adult District Court
for indictment and trial.
Optional With Judge
Once this is accomplished. the
Judge added, the child is 'un-
der the regular procedure" Of
District Court.
However, the District judge,
under terms of the Districts
Juvenile Court Act, can then
elect to dismiss the indictment
and treat the young offender
not as an adult criminal, but
just as he would be treated in
Juvenile Court, Judge Pretty
man said.
Court sources said last night
such procedure seldom, If
ever. has been used, and they
expressed doubt it will be used
very often in the future.
This. they said, is because
Juvenile cases are sent to Dis
trict Court only as a last resort
where it's felt justice is best
served through adult criminal
proceedings.
In the case acted on yester-
day by the appellate court the
trial lawyers for the four youths
challenged use of statements
made to police by the boys
after their arrest.
The statements were given
to police during the two weeks
the boys were helo in the Dis
trict Receiving Home before
coming before Judge Ketcham.
The lawyers contended their
use in the District Court trial
was barred by the Supreme
Courts June, 1857 Mallory de-
cision. This prohibits use Of
statements taken from suspects
during an unnecessary delay"
between their arrest and ar.
raignment.
Held Not Applicable
But District Judge Edward
A. Tamm decided the Mallory
rule didn't apply to statements
made by those while under
Juvenile Court jurisdiction.
Yesterday, however, the ap-
pellate court said Judge Tamm
was wrong. directing him to
hold a hearing on the circum-
stances under which the state
ments were made.
If he should decide these cir.
cumStanceS made the state
mentS inadmiSSable, the four
boys should get a new trial; il
not, the guilty verdict shall
stand and sentence be imposed,
the appellate court directed.
Although District judge can
decide either to treat such juve-
niles as criminals under adult
court procedures or as a child
under juvenile court proceed.
ures, he must do "one or the
other" Judge Prettyman said
But he added that Judge
Tamm had conducted the trial
under adult procedure, then
imported from Juvenile Court
a rule of procedure-not applic-
liable - district Court"