Albany Law Review, Vol. 33, p. 642, 1969
7 Pages Posted: 9 Jul 2010
Date Written: 1969
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.
Suggested Citation: Suggested Citation
Katz, Katheryn D., Recent Decision, in Re Samuel W. (24 N.Y. 2d 196) (1969). Albany Law Review, Vol. 33, p. 642, 1969 . Available at SSRN: https://ssrn.com/abstract=1636440