Section 27 Double Jeopardy

• Library: Juvenile Law 2011

In a juvenile court proceeding, the court is not dealing with an adversary criminal trial but with a hearing on a petition in juvenile court for inquiry into the conduct of the juvenile as required by the Juvenile Code, Chapter 211, RSMo. In Carter v. Murphy, 465 S.W.2d 28 (Mo. App. E.D. 1971), the juvenile was initially before the court on a petition, alleging that he willfully killed one victim and wounded another by shooting both of them with a revolver. The initial hearing on the petition was continued for further investigation. Later, at another hearing, the court found that this juvenile was not a proper subject to be dealt with under the Juvenile Code, dismissed the petition, and certified the case for trial under the general law. The juvenile appealed, claiming that the two hearings were separate trials and constituted double jeopardy. The court stated:

There was but one proceeding before the court which presented two questions. First, the court was required to determine the status of Carter [the juvenile] and second, whether or not Carter should be dealt with as a juvenile or certified for trial under the general law. It may be, perhaps, that the hearings were somewhat lacking in orderly procedure but they were long hearings and thorough. The child was accorded every aid provided by law to...