NCJ Number
73067
Date Published
1979
Length
27 pages
Annotation
Prepared for county officials, this booklet summarizes constitutional rights afforded to juveniles by recent court decisions and discusses how this affects their treatment by law enforcement, educational organizations, and welfare agencies.
Abstract
Since the 1967 Supreme Court decision on In re Gault, rights normally accorded to adults have been extended to juveniles, and the parens patriae character of the juvenile court has changed. County officials must consider the impact of these rulings on their decisions concerning services to youth. Following a review of the Gault decision, the booklet emphasizes that police still can exercise considerable discretion in taking juveniles into custody. However, a juvenile under custody has the right to be free from unreasonable searches and seizures. Searches of a child's person or possessions by a school official are also discussed. Conditions for detention or release and constitutional limitations on police interrogations are examined. Miranda warnings must be given to juveniles during a delinquency investigation, and courts may even demand further explanations of the circumstances surrounding a juvenile's confession. Supreme Court cases concerning identifications made from lineups are reviewed for their applicability to juvenile proceedings. Also covered are the constitutional limits on school authorities' disciplinary powers regarding demonstrations, speeches, student newspapers, dress codes, expulsions, and suspensions. Components of due process which give legal protection to children in diversion programs are outlined, including procedures for removing a youth from the program. Summaries of cases cited in the text are appended.