In this case, a petition was filed in the Juvenile Division of the Superior Court seeking to
Question:
In this case, a petition was filed in the Juvenile Division of the Superior Court seeking to have the juvenile declared a ward of the court on the ground that he committed an act (armed robbery) that would be a crime had he been an adult. At an adjudicatory hearing, the facts of the petition were found to be true. At that point, the juvenile court also found that the juvenile was not fit for juvenile proceedings and transferred the case to the Superior Court for him to be tried as an adult. The juvenile claimed that this was double jeopardy. Eventually the case reached the U.S. Supreme Court, which held that even if there were no double punishment, double jeopardy applied because he was required to go through two trials for basically the same offense.
1. What is the legal issue in the Breed case?
2. Explain why the Court found that the double jeopardy clause of the Fifth Amendment was violated by the California courts.
Fantastic news! We've Found the answer you've been seeking!
Step by Step Answer:
Answer rating: 77% (9 reviews)
1 The legal issue is whether double jeopardy applies once a juvenile has bee...View the full answer
Answered By
Umber Talat
I am providing full time mentoring and tutoring services in Business Finance, Contemporary issue in Global Economy, Quantitative Techniques, Principles of Marketing, strategic marketing, International Marketing, Organizational Behavior (OB), Consumer Behavior, Sales Force Management, Strategic Brand Management, Services Marketing, Integrated Marketing Communication (IMC), Principles of Management, General Management, Strategic Management, Small and Medium Enterprise Management, Innovation Management, Change Management, Knowledge Management, Strategic Planning, Operations Management, Supply Chain Management, Logistics Management, Inventory management, Total Quality Management (TQM), Productions Management, Project Management, Production Planning, Human Resource Management (HRM), Human Resource Development, Strategic HRM, Organizational Planning, Performance and Compensation Management, Recruitment and Selection, Organizational Development, Global Issues in Human Resource Management, Retail Marketing, Entrepreneurship, Entrepreneurial Marketing, International Business, Research Methods in Business, Business Communication, Business Ethics.