Section 37 DoubleJeopardy
| Library | Juvenile Law 2011 |
A juvenile may not be tried in the juvenile court by a petition or motion to modify and then be tried for the same offense under the general law; this would be double jeopardy. Breed v. Jones, 421 U.S. 519 (1975).
Section 211.271.3, RSMo 2000, limits the use of all evidence given in juvenile cases, as well as all reports and records of the juvenile court, to the juvenile proceeding. This evidence is “not lawful or proper evidence against the child and shall not be used for any purpose whatsoever in any proceeding, civil or criminal, other than [juvenile] proceedings . . . .” Section 211.271.3. Under this provision, any evidence adduced...
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