NCJ Number
92633
Date Published
1983
Length
18 pages
Annotation
This paper explains Federal constitutional rulings bearing upon police treatment and processing of juveniles, with particular attention to how procedures with juveniles differ from those applied to adults in the areas of arrest, interrogation, search, detention, probable cause, adjudication, and disposition.
Abstract
Regarding arrest procedures, the requirements for obtaining a warrant for a juvenile are the same as those for an adult; however, the law regarding the arrest of juveniles for their own protection is more permissive than that regarding the arrest of adults. In the area of custodial interrogation of juveniles, the safest procedure for obtaining a valid confession is to have a parent, attorney, or other interested adult present during any interrogation. In the case of search and seizure, a juvenile may require the advice of an adult before making a valid waiver of rights in this area, since a young, inexperienced child may not be deemed capable of giving voluntary consent. When deciding upon whether or not to commit a juvenile to detention, it should be remembered that a juvenile's right to treatment includes a right to confinement in 'the least restrictive alternative.' If at all possible, alternatives to secure detention should be used. The failure to provide probable cause hearings to children is open to constitutional challenge on the grounds of both due process and equal protection; adjudication rights include adequate notice of the scheduled proceedings, the nature of the conduct alleged, representatiion by counsel, proof of guilt beyond a reasonable doubt, and cross-examination of all witnesses. Because of the juvenile court's mandate to provide treatment according to juveniles' needs, an array of dispositional alternatives should be available. Regarding police civil liability in the mishandling of juveniles, areas of particular concern are unauthorized searches, flawed detention decisions, and the liability of supervisors for faulty policy, inadequate training, or poor supervision. Case citations are listed.