United States v. Luzzi

I dissent.

My brothers err, I believe, in failing to take into account the significance, for juvenile proceedings, of the Supreme Court’s decision in In re Gault, 387 US 1, 18 L Ed 2d 527, 87 S Ct 1428 (1967), that such proceedings must be conducted in a manner as to accord the juvenile concerned “ ‘the essentials of due process and fair treatment.’ ” (Id., at page 30.) Specifically, the Court held, this includes: (1) appropriate notice of charges; (2) the right to be represented by retained or court-appointed counsel; and (3) constitutional protection against self-incrimination and for…