Givardi v. Juvenile Court of Sixth Judicial Dist
| Decision Date | 29 June 1928 |
| Docket Number | No. 484.,484. |
| Parties | GIVARDI v. JUVENILE COURT OF SIXTH JUDICIAL DIST. |
| Court | Rhode Island Supreme Court |
Petition by Joseph Givardi for a writ of mandamus to the juvenile court of the Sixth judicial district. Petition denied and dismissed.
Morris S. Waldman, of Providence, for petitioner.
Herbert El Eklund and Francis D. McManus, Asst. City Sols., both of Providence, for respondent.
This is a petition for a writ of mandamus to be directed to the juvenile court of the Sixth judicial district commanding said court to certify to the superior court the proceedings in said juvenile court against Joseph Givardi, wherein it is represented that said Joseph Givardi "is a wayward child, and requires the care and protection of the state."
After citation returned, the petition was heard before this court. It appears that, after hearing in said juvenile court, Joseph Givardi, a minor, was adjudged to be a wayward child, and was ordered committed to the Sockanosset. School for Boys during his minority, or until he be released or discharged from said school by said juvenile court or by the board of state charities and corrections or by due order of law.
From this adjudication said Givardi has claimed an appeal to the superior court, and has requested said juvenile court to certify the cause to the superior court for trial before a jury. This the respondent juvenile court has refused to do, on the ground that, under the statute, no appeal lies to the superior court from the adjudication of the juvenile court.
The sole question presented by this petition is as to whether in said statute it was the legislative intent of the General Assembly to confer final jurisdiction upon juvenile courts in proceedings to be brought before that court.
The general purpose of the act is plain. It was intended to humanely deal with minors of the ages specified in the act, who have violated some ordinance of a city or town, or who have committed an offense against the laws of the state, or who from various specified causes are tending towards an immoral, vicious, or criminal life. The aim of the act is to treat such minors, not as criminals, but as wards of the state. The legislative intent as to such children is comprehensively expressed in section 22 of the act as follows:
The act has various provisions intended to aid in the accomplishment of its benevolent purpose. It provides for...
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State ex rel. City of Minot v. Gronna
...Turner, 94 Kan. 115, 145 P. 871, 872. In construing and applying the juvenile court act of Rhode Island in Givardi v. Juvenile Court of Sixth Judicial Dist., 49 R.I. 336, 142 A. 542, the Supreme Court of that state 'The general purpose of the act is plain. It was intended to humanely deal w......
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Pee v. United States
...280 (1909). Pennsylvania — Commonwealth v. Fisher, 213 Pa. 48, 62 A. 198, 199 (1905). Rhode Island — Givardi v. Juvenile Court of Sixth Judicial Dist., 49 R.I. 336, 142 A. 542, 543 (1928). South Carolina — Code of Laws of S. C., ch. 7, § 15-1202 (1958). South Dakota — SDC, 43.0327 (1939). T......
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...stigma attaching to criminal proceedings." State v. Cook, 99 R.I. 710, 713, 210 A.2d 577, 579 (1965) (quoting Givardi v. Juvenile Court, 49 R.I. 336, 337, 142 A. 542, 542 (1928)). Sections 14-1-7 and 14-1-7.1 serve as a jurisdictional bridge between the two courts. Section 14-1-7 says that ......
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Morris v. D'Amario, 77-40-M
...102 R.I. 517, 520-22, 231 A.2d 767, 768-69 (1967); State v. Cook, 99 R.I. 710, 711-14, 210 A.2d 577, 578-80 (1965); Givardi v. Juvenile Court, 49 R.I. 336, 142 A. 542 (1928). The principal concerns of the Family Court when determining the proper disposition of a child pending adjudication o......