Juvenile Rights, Essay Example

Juvenile Rights at Time of Arrest: A Comparison of Juvenile and Adult Rights

Juveniles are handled differently in the criminal justice system and rightfully so! Juveniles do not possess the ‘mental capacity’ that adults do to serve the time! For this reason alone is why there is a separate judicial and penal system for juvenile offenders versus adult offenders.

At the point of arrest, adults are allowed one phone call to anyone they choose. Juveniles, meanwhile, are allowed at least two calls, but one call must be to a parent and the other must be to a lawyer. This mandate is to ensure their constitutional rights are protected. Juveniles do not have the mental capacity to understand fully what it is they have allegedly done when they are accused of committing a crime, hence they must have their parent or someone of majority age present to make decisions for them, such as to hire an attorney for them before they make any statement to a detective (s).  In most cases, this restriction on a juvenile’s telephone calls does help protect him, making sure that he has adequate protection from his family and his lawyer. A police officer who arrests a juvenile for a crime is required to bring the youth to a juvenile detention center, rather than a prison. Adults can generally be held in immediately; juveniles are, in most cases, released into the custody of their parents, after their parents sign a document, agreeing to bring the juvenile back for a court appearance. In some cases, parents must allocate bond money to secure their child’s release. In less frequent cases, the center can choose to hold a child, but if the center chooses to do so, there must be a custody hearing within seventy-two hours of the child’s arrest (Lafayette Parish Bar Association). The reason the system is less lenient on juveniles is because they are viewed as being less malicious with their ‘intent’ than adults. Though, this is not the case if a juvenile commits a heinous crime of murder or rape. Many times juveniles are tried as adults if it is found they knew what they were doing or possessed the mental capacity of an adult.

A peace officer can arrest a juvenile for several reasons. This decision to arrest may depend only on an officer’s discretion.  Officers may arrest both juveniles and adults without a warrant if they believe such individuals have committed a felony. This is called power of arrest based upon ‘probable cause’.  The officer may only arrest an adult for a misdemeanor without a warrant if it was committed in the presence of an officer (Washington State Legislature, 20007). This is not the case with juveniles, who may be arrested if the officer suspects them of a misdemeanor (Seiser & Kumli, 2008). Minors may also be arrested if a peace officer suspects they have committed a crime, are about to commit a crime or are truant from either a juvenile institution (such as a juvenile camp or prison) or from “full-time compulsory education.” However, in the last case, the officer may only keep the minor in custody during school hours and an individual cannot be arrested simply because he looks young (Seiser & Kumli, 2008). Adults cannot be arrested for school truancy; however, they can be detained if an officer suspects that they are truant from a legal institution such as a prison (Seiser & Kumli, 2008). This difference in rights stems from a difference in legality. Minors are required, by law, to attend school, whereas, adults are not. Therefore, the difference does seem to be in keeping with social and criminal justice goals.

When an officer arrests an adult, he is not required to notify the individual’s family because the person has reached the full age of majority and can make decisions on his own.  This is not the case when he arrests a juvenile. Indeed, the officer is required “to take immediate steps to notify the juvenile’s parent, guardian or responsible relative.” (Seiser & Kumli, 2008). The officer cannot question the juvenile unless in the presence of his parent/guardian or an attorney.  In some ways this helps protect the child from any unlawfulness and infringements of his constitutional rights and furthers eliminates social injustice. A child who has a parent to help secure legal advice has a stronger legal advantage than a child who cannot secure adequate counsel. On the other hand, adults have a greater degree of privacy. Children often do not want the help of their family; hence these mandates may not work out to their advantage. The minor laws are there to protect the children though.

When an adult makes a phone call to his lawyer is supposed to be private. However, a peace officer must be present when a minor makes his two phone calls. Officers can ask both juveniles and adults to submit urine samples for substance testing, but both juveniles and adults have the right to refuse the test. The minor has the additional right to telephone his parents before deciding whether or not to take the test (Seiser & Kumli, 2008).  The reason the minor is afforded this protection is because the minor does not know the legal ramifications of submitting to a urine test. This does not seem to harm the causes of social or criminal justice in any way and it might help protect a minor from making a rash decision.

While most adults who are arrested are taken to prison, peace officers may decide to bring juveniles into community-based programs or youth courts. This is perhaps the most questionable part of the juvenile justice system, as juveniles who may be guilty of certain crimes, are likely to reoffend may not be particularly safe for the community. The main concept is to ensure the public is protected from the offending juvenile and to remember the juvenile is not necessarily guilty as charged until proven guilty in a court of law.

References

Lafayette Parish Bar Association. (n.d.). Rights of Juveniles Who Are Arrested. TEL-LAW , 1-3.

Seiser, & Kumli. (2008). Minor’s Rights. Retrieved June 24, 2010, from California Juvenile Courts Practice and Procedure: http://www.ahmedandsukaram.com/PracticeAreas/Minors-Rights.asp

Washington State Legislature. (20007). Arrest without warrant. Retrieved June 25, 2010, from Washington State Legislature Web Site: http://apps.leg.wa.gov/rcw/default.aspx?cite=10.31.100