Explanation:
Juveniles and Due Process
In the 1960s, the US Supreme Court ruled on a number of cases that determined how juveniles would be treated from that point forward. The court decided that minors were allowed to have many of the due process rights granted to adults.
For instance, juveniles are guaranteed the right to an attorney. If they cannot afford an attorney, the state will pay for legal counsel to represent them. Juveniles also have the right to know the charges being brought against them. They have the right to question any witnesses who testify against them. They have the right to not testify against themselves. This is in reference to their Fifth Amendment rights. They also have the right to a trial that proves their guilt beyond a reasonable doubt. Juveniles have the right to a phone call. They may call a parent or guardian or an attorney. It’s important to note that depending upon the age of the juvenile and the crime committed, he or she might also be tried in the adult criminal system.
Differences with Adult Criminal System
The juvenile justice system is different from the adult criminal system is several ways. First, juveniles do not have the right to a trial by jury in most states. Instead, their case is heard by a judge. The main reason for this is simple. Juries are made up of your peers. In the case of a juvenile, the peers would be other juveniles. However, juveniles are not allowed to sit on juries. It wouldn’t be exactly right to have a jury made up of adults, so most states do not allow for trial by jury for most juvenile cases.
Second, juveniles are not allowed the right to seek bail. Instead, most juveniles are released to their parents or guardians while they await their trial.
Third, juveniles and adults both have the right to probable cause against search and seizure. This means that if an authority wants to search them, they must have a good reason (and often a search warrant) in order to do so. However, juveniles in the school system are in a slightly different situation. If school personnel has even a reasonable suspicion that the juvenile is in possession of illegal items (drugs, weapons, stolen goods), then they have the right to search the student or the student’s locker.
Fourth, generally once juveniles turn 18, their records are sealed. They start out life as an adult with a clean slate. This is the case only if juveniles are tried in juvenile courts. If they are tried in the adult criminal system, they are considered adults and their records stay with them.
