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In Re Winship, 397 U.S. 358 (1970)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
In Re Winship, 397 U.S. 358 (1970)
In re Winship No. 778 Argued January 20, 1970 Decided March 31, 1970 397 U.S. 358
APPEAL FROM THE COURT OF APPEALS OF NEW YORK
Syllabus
Relying on a preponderance of the evidence, the standard of proof required by § 744(b) of the New York Family Court Act, a New York Family Court judge found that appellant, then a 12-year-old boy, had committed an act that "if done by an adult, would constitute the crime . . . of Larceny." The New York Court of Appeals affirmed, sustaining the constitutionality of § 744(b).
Held: Proof beyond a reasonable doubt, which is required by the Due Process Clause in criminal trials, is among the "essentials of due process and fair treatment" required during the adjudicatory stage when a juvenile is charged with an act that would constitute a crime if committed by an adult. Pp. 361-368.
2 N.Y.2d 196, 247 N.E.2d 253, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," In Re Winship, 397 U.S. 358 (1970) in 397 U.S. 358 Original Sources, accessed May 20, 2024, http://www.originalsources.com/Document.aspx?DocID=47RG3IMUDVBX1KK.
MLA: U.S. Supreme Court. "Syllabus." In Re Winship, 397 U.S. 358 (1970), in 397 U.S. 358, Original Sources. 20 May. 2024. http://www.originalsources.com/Document.aspx?DocID=47RG3IMUDVBX1KK.
Harvard: U.S. Supreme Court, 'Syllabus' in In Re Winship, 397 U.S. 358 (1970). cited in 1970, 397 U.S. 358. Original Sources, retrieved 20 May 2024, from http://www.originalsources.com/Document.aspx?DocID=47RG3IMUDVBX1KK.
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