[Download] "Ivan v. V. City New York" by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Ivan v. V. City New York
- Author : Supreme Court of the United States
- Release Date : January 12, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The Court held in In re Winship, 397 U.S. 358, decided March 31, 1970, that proof beyond a reasonable doubt is among the essentials of due process and fair treatment that must be afforded at the adjudicatory stage when a juvenile is charged with an act that would constitute a crime if committed by an adult. In this case, on January 6, 1970, before Winship was decided, petitioner was adjudged a delinquent in the Family Court of Bronx County, New York, on a finding, based on the preponderance-of-evidence standard, that, at knifepoint, he forcibly took a bicycle from another boy, an act that, if done by an adult, would constitute the crime of robbery in the first degree. On direct appeal, the Appellate Division, First Department, reversed on the ground that Winship should be retroactively applied to all cases still in the appellate process, 35 App. Div. 2d 806, 316 N. Y. S. 2d 568 (1970). The New York Court of Appeals reversed the Appellate Division, holding that Winship was not to be applied retroactively, 29 N. Y. 2d 583,
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