Additions to Juvenile Rights, Essay Example

All the time until recent days U.S. juvenile system was very concerned with treating young people differently than adults, in terms of the sanctions of criminal process, and the process itself. Over the last 50 years much has been changed dramatically in attitude for juveniles. Thus, with the increasing number of violent juvenile crimes, it was decided to respond to this situation by implementing harsher process for juvenile crime adjudication. For example, the Fifth Amendment was decided to be applied to both adults and juveniles in terms of criminal prosecution, thus the privilege against self-incrimination was offered to juveniles as well. Furthermore, the Fourth Amendment involves an interesting principle regarding the search and seizure provision in public school setting, thus subjecting juvenile generally to broad restrictions. The Justices did not request a search warrant in order for school officials to search students, thus the legality of a search of a student must depend relatively on the reasonableness, under all conditions, of the search. A very important constitutional right that has been mistreated is Double Jeopardy for juvenile offenders. The Unites States Supreme Court has limited the holding that bared individuals from being tried and convicted twice of the same crime. In other words, the double jeopardy problem was gone where a juvenile proceeding started with a distinctive master’s finding, but finished with judge’s final decision.

References

Marcus, P. (2004). The Juvenile Justice System in the United States. National Reports. Retrieved May 21, 2009, from http://www.cairn.info/revue-internationale-de-droit-penal-2004-1-page-535.htm