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Criminal Procedure Keyed to Ohlin
In re Winship
Citation:397 U.S. 358 (1970)
Section 712 of the New York Family Court Act defines a juvenile delinquent as a person over seven and less than sixteen years of age who does any act which, if done by an adult, would constitute a crime. During a 1967 adjudicatory hearing, a judge in the New York Family Court found that appellant, then a 12-year-old boy, had entered a locker and stolen $112 from a woman’s pocketbook. The petition which charged appellant with delinquency alleged that his act, if done by an adult, would constitute the crime of larceny. The judge acknowledged that the proof might not establish guilt beyond a reasonable doubt, but rejected appellant’s contention that such proof was required by the Fourteenth Amendment.
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