What major rights exist for juveniles, and what are the major differences in philosophy and treatment between juvenile and adult offenders?

Question

What will be an ideal response?

Answer 1

he criminal justice system’s philosophy toward juveniles is very different from its philosophy toward adults. The prevailing doctrine that guides our treatment of juveniles is parens patriae, which means that the state is the ultimate parent of the child and that if children are physically or emotionally neglected or abused by their parents or guardians, the juvenile court and police may intervene and remove the children from that environment. The juvenile justice system seeks to protect the child, to rehabilitate rather than to punish, and uses a less adversarial procedure than the adult criminal justice system. Juvenile court proceedings are generally heard before a judge to protect the juvenile’s privacy.

Several important Supreme Court decisions have addressed the due process rights of juveniles. The Court has held that Fourteenth Amendment protections of due process apply to juveniles as well as adults. Thus, juveniles have the right to a timely notice of charges, the right to an attorney, the right to confront any accusers, the right to a transcript of proceedings, and the right to be informed of their rights. Juveniles also are entitled to a formal hearing before being waived to adult criminal court. They have the right to the same standard of proof against them as adults (“beyond a reasonable doubt”) and are protected from double jeopardy under the Fifth Amendment. However, the court has left the issue of whether juveniles have the right to a trial by jury up to state and local authorities.