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Criminal Resource Manual 148 Appealing Alleged Procedural Violations

148

Appealing alleged procedural violations

A three-step inquiry is applied when reviewing alleged procedural violations of the Act. Baker, 10 F. 3d at 1395. First, did the government violate the Act's requirements? Id. If it did, was the government's conduct so egregious as to constitute a deprivation of due process? Id. If it was not, was the violation harmless to the juvenile beyond a reasonable doubt? Id.; Doe, 862 F. 2d at 779.
Updated February 19, 2015