Juvenile

Juvenile Rights Rosalind Rogers CRJ 301 April 25, 2012 Our criminal justice system is to make sure that there is justice for both citizens and offenders and also to ensure the rights to the offenders and the citizens as well. This can be pretty hard to balance with so much controversy between guaranteeing the offenders rights and protecting the people. To have this is to make sure we have a well rounded justice system. The juveniles do have certain rights at the time that they are arrested with some additional rights that is offered to them that is different from the adult’s offenders. When a juvenile is arrested he/she is giving the same rights as an adult offender. “These rights include all of the Constitutional rights in the form of a Miranda warning.” (Wallace & Roberson, 2006). The Miranda does apply to everyone that commits a crime. Juvenile do have the right to know why they are being arrested just like adults; they have the rights to an attorney, and the right to be silent, just like an adult. Juvenile do have the right to a phone call right after they had been arrested, “have a right to a reasonable bond amount, and the right to be presented in court as soon as possible.”(Wallace & Roberson, 2006). This is very different then the adults when they are being arrested. Adults don’t have the right to a phone call or a reasonable bond amount once they have been arrested. They don’t get that phone call till they are booked and have a cell. Children do have to be treated a certain way until they reach the age of majority. Then they will be treated like all criminal in our criminal justice system. An officer does have to explain to the juvenile right in a language that is intelligible to that juvenile. The officer has to notify the Attorney General of the arrest of the juvenile right alone with his/her parents or guardians. (United States Attorneys’ Manual, 2010). All of this is unique arrests when it comes to a juvenile but it’s not for adult arrestees. “Part I argues that minors in a juvenile court setting are entitled to full fourth amendment protection against unreasonable searches and seizures.”(Hanley, 1981). The court’s criticisms of the juvenile justice system can grant a certain due process protections to the juvenile’s offenders. “To grant minors fourth amendment protection, however, and also allow a parent an unfettered right to consent to the search of the child's room or belongings, as some state courts have done, is to provide the child with no more than illusory protection. Part 11 of this Note argues that a parent's right to control his child should not take precedence over the child's right to privacy because parental consent is not in the best interests of the minor.” (Hanley, 1981). The parent can be held to the same limitations that can be applied in the fourth amendment as a third party consent situations. Juveniles are a special case just because of their ages and their can change. The main objective for juvenile court is to set aside from the typical assertion of justice and to create a more environment of rehabilitation and to prevent the juvenile offenders who are a special case. The purpose of juvenile justice includes educating and guiding both juveniles and their parents as well as installing a sense of responsibility among juvenile offenders (Arundel, 2010). Interrogation is confusing to I just because I don’t believe a minor can be interrogated without their parent or guardian. A more practical (and politically feasible) solution, endorsed by many commentators, is mandatory recording of interrogations. This provides an accurate record of all that goes on during an interrogation, including waiver and confession. When applying the totality test, for example, a judge watching videotape could better assess whether waiver was voluntary and whether the police legitimately obtained the confession. Courts would no longer have to render voluntariness decisions based on conflicting testimony as to what occurred in an interrogation room. (Friedman, 2010). With all the research I read minors can be detained and interrogated without the presence of a parent, a guardian, or an attorney. The Miranda do not apply to the minor is performing any act and it not an agent of any government official. It also doesn’t apply if the subject is not in custody. “There are three levels of contact between citizens and the police; not all of them trigger Miranda or require any degree of suspicion that the person has done anything wrong.” (Wineberg, 2011). An involuntarily statement can be thrown out of court, but sometimes there is enough evidence it can be proving guilty without a reasonable doubt. Juvenile do have rights when they are arrested, and I do feel that him/her parents should be there in every step of the way. Don’t let a child handle an adult situation by themselves even if they are the criminal. References Arundel, A. (2010). Arrest and custody of juveniles. Retrieved on April 24, 2012 http://www.aacounty.org/Police/RulesRegs/Sections17-19/1702JuvArrestCust.pdf. Friedman, B. (2010). Protecting Truth: An Argument for Juvenile Rights and a Return to In re Gault. 58 UCLA L. REV. DISC. 165. Retrieved on April 25, 2012, http://www.uclalawreview.org/'p=1535 Hanley, K. (1981). Fourth Amendment Protection for the Juvenile Offender: State, Parent, and the Best Interests of the Minor. Fordham Law Review. Volume 49. Issue 6. Article 10. United States Attorneys’ Manual (2010). Arrest of a juvenile. Retrieved on April 24, 2012 http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00043.htm. Wallace, H., & Roberson, C. (2006). Principles of criminal law (third edition). New York, NY: Pearson. Wineberg, S. (2011). Vernon Hills Juvenile Law Attorney. Retrieved on April 24, 2012, http://www.avvo.com/legal-answers/can-a-minor-be--interrogated--and-detained-without-361405.html