Section 21 Constitutionality of§ 211.071,RSMo

• Library: Juvenile Law 2011

Several unsuccessful attacks have been made on the constitutionality of § 211.071, now RSMo Supp. 2010. In State ex rel. T.J.H. v. Bills, 495 S.W.2d 722 (Mo. App. W.D. 1973), aff’d, 504 S.W.2d 76 (Mo. banc 1974), the defendant alleged that § 211.071 violated the due process clause because the statutory criterion of whether a juvenile is
“a proper subject” to be retained in the juvenile system was impermissibly vague. Citing cases that had previously considered this issue, the court rejected the defendant’s...