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Rights of Juvenile Offenders

What are juvenile rights?

In the time before the twentieth century, there was no right afforded to juveniles. During this time juveniles were treated and charged as adults. During the Industrialization Era, the changes that were made regarding juvenile rights and the state being able to intervene to protect a child were significant. In the 1900’s the juvenile court was devolved and helped the juveniles to have fair trials. Over the years the juvenile system remained unchanged until the Supreme Court ruled that a juvenile has the right to notice, counsel, confront a witness, and a type of protection against self-incrimination. The courts also extended the Miranda rights to include juveniles as well as adults. Read below where Experts have answered many questions pertaining to the rights of a juvenile.

What can a person do if their juvenile child continues to run away, but the parent was arrested for not supervising a child?

If the parent had reported the child as a runaway, then more than likely the District Attorney (DA) will not pursue charges against the parent. The parent may file charges against the other parent that harbored the child, but the DA will also decide if they will pursue charges. According to RS 14:92.2 "No parent or legal guardian shall be guilty of a violation of this Section if, upon acquiring knowledge that the minor has undertaken acts as described in Paragraphs (1) and (2) of Subsection A, the parent or legal guardian seeks the assistance of local, parish, or state law enforcement officials, school officials, social services officials, or other appropriate authorities in either leading the child to modify his or her behavior, or in referring the child to appropriate treatment or corrective facilities."

When a juvenile is apprehended, what rights does they have?

When a juvenile is arrested for a crime, then the juvenile would have the same rights as an adult would have. The juvenile also would have the same rights under the Miranda rights that an adult would have, including the right to an attorney. In most cases the officers that arrest the juvenile can interview the juvenile without a parent or guardian being present, but they cannot question the juvenile without some type of independent advocate present. If there is no independent advocate present, then the parent may be able to challenge anything that the juvenile said during questioning.

Does a juvenile that is arrested have to have their Miranda rights read to them?

In most cases, when a juvenile is arrested, then they have to have their Miranda rights read to them as well as a independent advocate would have to be there when the juvenile is questioned. If the steps are not followed, then the parents and lawyer may be able to challenge any statements that are made.

In the State of Idaho, must a juvenile provide his/her name, when stopped on foot, not read Miranda warning, not allowed to leave, and not allowed to call a parent?

When it comes to the arrest and prosecution of a juvenile, they are afforded the same rights as an adult. If someone is stopped on the street and asked to present their I.D., the person should present the I.D. as requested. If the person were to get arrested, then their Miranda rights would be read to them. The Miranda rights of a person would only need to be read if they are being arrested. If the juvenile is being questioned, then the Miranda rights do not have to be read as long as the person is not being arrested.

In the more recent years, juvenile rights have grown so that the juveniles have rights like adults. When a juvenile is arrested or they are being interrogated, they have the rights, as an adult would to have their Miranda rights read to them. If a juvenile finds themselves in trouble with the law, then they may have questions regarding what rights they do have. When these questions arise, then they would need to seek the advice of an Expert to gain the answers they need.
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