Essay about Beliefs On Juvenile Rights

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Beliefs on Juvenile Rights
Austen Aldinger
Juvenile Justice
November 14, 2014

All juveniles that are on trial for adult charges should have the same rights as adults. If the juvenile commits a crime and is old enough to be waivered to a criminal court than that juvenile should be tired the same way as an adult .If the juvenile is not old enough and is tired in the juvenile courts he or she should still be tired the same way as a criminal case. In today’s courts juveniles do not have the same constitutional rights or process as adults. Since the 1960s juveniles had few due process rights at all. Some due process rights were passed down to all states from the supreme court because of some cases. Some states the due process rights vary. A minor cannot be searched without probable cause, which means that he or she can only be searched if the police suspect that a crime or illegal activity is about to happen. However school personnel like teachers, and other staff only need reason suspicion rather than probable cause to temporally detain a minor. Even if the juvenile is detain by school staff than the school needs to search the minor and locker or book bag and not the police. The only way should be involved is that if the school finds anything and is there to arrest the child. Usually a juvenile who is not going to be released quickly is allowed one phone call. The juvenile can either call their parents so they can get in contact with a lawyer or the juvenile can call to get in contact with a lawyer directly. I f the minor asks to speak with his or her parents or and attorney than that juvenile invokes their Miranda Rights. If the police ignore the request and the juvenile says anything to them after that will likely be inadmissible in juvenile court. If the police ignore or deny the minor’s request for a phone call than, they should not be able to use anything that the minor says in court, than should go for adults has well. Juveniles to not have the constitutional right to seek bail. Many children are released to their parents prior to arraignment in juvenile court. If adults can seek bail if they have a bail than juveniles should be able to. Some juveniles do not get released to their parents, so they should have the right to seek bail if the courts allow them to have a bail. No (or limited) right to a jury trial. Most states do not allow jury trials in juvenile delinquency cases. The few states that do allow jury trials often limit them to only certain types of juvenile cases. It does not matter about age, committing a crime is committing a crime. All states should allow the defendant to have a jury trial if the case the calls for a jury, no matter if the defendant is a minor or an adult. Minors have the right to know what they are being charged with. In a case called
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