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Rights of Juveniles Under Law

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Double Jeopardy Protection

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Juveniles cannot be tried twice for the same offense after final adjudication. Legal basis: Applies through the Double Jeopardy Clause of the Fifth Amendment.

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Prohibition of Cruel and Unusual Punishment

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Juvenile punishment must be proportionate to the offense and cannot be cruel or unusual. Legal basis: The Eighth Amendment of the U.S. Constitution.

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Protection Against Self-Incrimination

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Juveniles cannot be compelled to testify against themselves. Legal basis: Fifth Amendment of the U.S. Constitution.

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Right to Notice of Charges

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Juveniles must be informed of the charges against them. Legal basis: Part of due process, as confirmed by In re Gault.

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Privacy Protection

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Juvenile court proceedings are typically closed to the public to protect the privacy of minors. Legal basis: Juvenile Court Act provisions.

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Right to Counsel

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Juveniles have the right to be represented by an attorney. Legal basis: In re Gault, 387 U.S. 1 (1967) established this precedent.

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Appellate Review

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Juveniles have the right to appeal decisions made by juvenile courts. Legal basis: Most juvenile court systems provide an appellate process.

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Right to Rehabilitation Programs

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Juveniles have the right to access rehabilitation programs. Legal basis: The juvenile justice system emphasizes rehabilitation over punishment.

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Right to a Guardian

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Juveniles have the right to have a parent or guardian present during questioning by law enforcement. Legal basis: Variably provided by state statutes.

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Right to a Speedy Trial

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Juveniles have the right to a timely adjudication. Legal basis: Various state statutes stipulate time frames for juvenile court proceedings.

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Right to a Fair Hearing

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Juveniles are entitled to a fair and impartial hearing. Legal basis: The Fourteenth Amendment's Equal Protection and Due Process Clauses.

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Sealing of Records

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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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