[Download] "People State Michigan v. Kafan Bahjat Hana" by Supreme Court of Michigan * Book PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Kafan Bahjat Hana
- Author : Supreme Court of Michigan
- Release Date : January 03, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
This case requires us to consider an intricate mix of factual and constitutional issues surrounding waiver procedures for
juveniles pursuant to the provisions of the Probate Code 1 and related Michigan Court Rules. 2 The primary question
is whether the full panoply of protections provided by the Fifth and Sixth Amendments of the United States Constitution apply
to the Dispositional phase, as well as to the adjudicative phase, of a juvenile waiver hearing. We hold that the legislative
purpose and the underpinnings of the Probate Code mandate the Conclusion that a probate court's discretion at the Dispositional
phase of a waiver hearing remains unfettered by certain evidentiary requirements recognized in criminal proceedings and already
extended to the adjudicative phase of a waiver hearing. Accordingly, we reverse the decision of the Court of Appeals and remand
the case for consideration of the remaining issues raised by defendant. I