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Rights of Juveniles Under Law
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Flashcards
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Double Jeopardy Protection
Juveniles cannot be tried twice for the same offense after final adjudication. Legal basis: Applies through the Double Jeopardy Clause of the Fifth Amendment.
Prohibition of Cruel and Unusual Punishment
Juvenile punishment must be proportionate to the offense and cannot be cruel or unusual. Legal basis: The Eighth Amendment of the U.S. Constitution.
Protection Against Self-Incrimination
Juveniles cannot be compelled to testify against themselves. Legal basis: Fifth Amendment of the U.S. Constitution.
Right to Notice of Charges
Juveniles must be informed of the charges against them. Legal basis: Part of due process, as confirmed by In re Gault.
Privacy Protection
Juvenile court proceedings are typically closed to the public to protect the privacy of minors. Legal basis: Juvenile Court Act provisions.
Right to Counsel
Juveniles have the right to be represented by an attorney. Legal basis: In re Gault, 387 U.S. 1 (1967) established this precedent.
Appellate Review
Juveniles have the right to appeal decisions made by juvenile courts. Legal basis: Most juvenile court systems provide an appellate process.
Right to Rehabilitation Programs
Juveniles have the right to access rehabilitation programs. Legal basis: The juvenile justice system emphasizes rehabilitation over punishment.
Right to a Guardian
Juveniles have the right to have a parent or guardian present during questioning by law enforcement. Legal basis: Variably provided by state statutes.
Right to a Speedy Trial
Juveniles have the right to a timely adjudication. Legal basis: Various state statutes stipulate time frames for juvenile court proceedings.
Right to a Fair Hearing
Juveniles are entitled to a fair and impartial hearing. Legal basis: The Fourteenth Amendment's Equal Protection and Due Process Clauses.
Sealing of Records
Juveniles may have their court records sealed so they won't affect their future after they become adults. Legal basis: Most states have enacted laws to seal juvenile records.
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