Recent Decision, in Re Samuel W. (24 N.Y. 2d 196)

Abstract:     
This article is an exploration of the New York Court of Appeals case In re Samuel W, 24 N.Y.2d 196 (1969). The case involved a twelve year old boy charged with removing and stealing $112 from petitioner’s pocketbook. He was adjudged a juvenile delinquent which was affirmed by the Appellate Division and the Court of appeals. Because an adjudication of juvenile delinquency is not a conviction for a crime resulting in loss of good name or status, there is neither a deprivation of procedural due process nor a substantial equal protection question in the statutory provision which allows a lesser standard of proof than beyond a reasonable doubt.

The article provides a history of the jurisprudence leading to the decision and attempts to reconcile the decision with previous cases which do not appear in line with In re Samuel.

Number of Pages in PDF File: 7

Accepted Paper Series