Juvenile Rights During Arrest © - Jeannette Villatoro

Juvenile Rights During Arrest

The criminal justice system is in place to ensure justice and the rights of both citizens and offenders. Although this can be a difficult concept to balance, as there is much controversy between protecting the public and guaranteeing offender rights, it is necessary to implement both strategies to have a well-rounded justice system. Juveniles have certain rights at the time of arrest in addition to special rights afforded to them that differ from adult offenders.

When a juvenile is arrested, that juvenile is given the same rights as any adult offender. These rights include all of the Constitutional rights in the form of a Miranda warning (Wallace, & Roberson, 2006). Similar to adult offenders, juveniles have a right to know and understand why they are being arrested, the right to be silent, and the right to an attorney (Wallace, & Roberson, 2006). Not unlike adult offenders, a juvenile defendant should be able to make a phone call after arrest, have a right to a reasonable bond amount, and the right to be presented in court as soon as possible (Wallace, & Roberson, 2006). Moreover, an officer has the liability of explaining a juvenile’s rights in a language that is intelligible to a juvenile and must immediately notify the Attorney General of the arrest along with the juvenile’s parents or guardians (United States Attorneys’ Manual, 2010). These constituents are unique to the arrests of juveniles and not mandated for adult arrestees. Taking into consideration the vast comparison between juvenile and adult rights, juveniles in particular are afforded distinct rights that differ from adult offenders.

Juvenile offenders are indeed a special case because of their age, ability to change, and other extenuating factors. Because of this, the main objective of the juvenile court aside from the typical assertion of justice is to create an environment of rehabilitation and prevention among juvenile offenders who are indeed a special case. The purpose of juvenile justice includes educating and guiding both juveniles and their parents as well as installing a sense of responsibility among juvenile offenders (Arundel, 2010). Juveniles under the legal age of eighteen years old are subjected to special juvenile laws when being accused of or arrested for a crime (Arundel, 2010). A child that is taken into custody for a purported crime must be taken to a juvenile detention center and may be released to guardians or parents upon a promise to reappear in court and an authorization of release made by a judge (Arundel, 2010). Family plays an important role in the apprehension and sentencing of juveniles, as they are not considered adults (Bartollas, & Robinson, 2006). Family involvement can have a colossal impact on how a juvenile absorbs the consequences for his or her behavior. Unlike adult defendants, juveniles do not have a right to a jury trial but is heard by a judge during a hearing (Illinois State Bar Association, 2010). Therefore, the judge has full discretion in deciding the fate of the juvenile and can implement distinct rulings that can benefit the uniqueness of the juvenile present in court and that juvenile’s situation.

Typically juvenile defenders are indigent and not completely aware of the seriousness of their criminal behavior, as it reflects more as an expression of emotional turmoil rather than a direct desire to harm others or enact a crime. The juvenile justice system is constantly jostling to discover new and innovative ways of practicing juvenile justice while guaranteeing juvenile rights. Because juvenile crime is reaching a high point in society, it is apparent that the juvenile justice system is in peril (Eckenbrecht, 1996). Furthermore, rights are seemingly violated because of the misinformation of the special protections juveniles should have. According to Eckenbrecht, “novice lawyers and judges and inadequate funds have jeopardized the juvenile rights system” (Eckenbrecht, 1996, p.1). A report by the American Bar Association shows an alarming trend of juvenile offenders facing a lack of justice and rights (Eckenbrecht, 1996). Although it is clear that these exceptional rights are necessary because of the fragile nature of most juveniles facing the justice system, it is also evident that an overhaul of the workings of the justice system needs to be in place.

The unique attention to juvenile matters is essential in the justice system to prevent further crime and rehabilitate youths. Because young people are prone to influence and are considered products of their environment, it is imperative to incorporate this knowledge into the handling of juvenile offenders. The key is to have a strict ideal of resolution among juveniles to eradicate the contagion of criminal behavior that seems to plague society. There is a short amount of time that a juvenile can be given proper support before that juvenile reaches adulthood, and juvenility is a crucial time to guide youthful offenders and their families toward the right path of non-violent, non-criminal lives.







References
Arundel, A. (2010). Arrest and custody of juveniles. Retrieved from
http://www.aacounty.org/Police/RulesRegs/Sections17-19/1702JuvArrestCust.pdf.

Bartollas, C., & Miller, S. (2008). Juvenile justice in America (fifth edition). Upper
Saddle River, NY: Pearson/Prentice Hall.

Eckenbrecht, M. (1996). Juvenile rights in peril. ABA Journal, 82(1), Retrieved from
http://proquest.umi.com/pqdweb?did=9378563&sid=1&Fmt=3&clientId=74379&RQT=309&VName=PQD.

Illinois State Bar Association (2010). Rights of juveniles who are arrested.
Retrieved from http://www.lsba.org/2007MembershipDirectory/TelLawDocuments/tape_6077.pdf.

United States Attorneys’ Manual (2010). Arrest of a juvenile. Retrieved from
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00043.htm.

Wallace, H., & Roberson, C. (2006). Principles of criminal law (third edition). New
York, NY: Pearson.