Juvenile Rights at the Time

Juvenile Rights at the Time of Arrest The purpose of the criminal justice system is to maintain public order and ensure that the rights of citizens are protected. There are strict legal regulations that control criminal justice procedures, including the time of arrest. These procedures require that police officers do not violate the constitutional rights of citizens. At the time of arrest, citizens are entitled to certain rights such as Miranda warning and the due process in questioning and interrogating the citizens.

The rights of juveniles at the times of arrest are similar to the rights of adults, with the difference that juveniles are entitled to additional protections because of their age and for being at the custody of a parent or a legal guardian. When the juveniles are detained by a police officer, it is often upon the discretion of the officer what action to undertake. The officer may release the minor with a warning or require that the minor appear before a community advisor for further counseling.

If the officer decides to take the minor to a detention center -- the juveniles cannot be placed in the adult detention centers -- the officer must ensure that the juvenile's constitutional rights (Miranda warning, the right to remain silent, etc.) are protected. The officer must notify a parent or a legal guardian of the arrest.

At the juvenile detention center, the juvenile is allowed to make two completed phone calls: one to a parent and one to a lawyer ("Juvenile Arrest and Detention," n.d.) The custodial interrogation of juveniles is somewhat different from the cases involving adults because the "juvenile criminal justice system requires officers to comply with procedural and behavioral standards that differ from those used in a criminal justice system" (Martin, 2005, p. 173).

The officers must be "softer" in their demeanor, language they use, and overall behavior, while safeguarding the constitutional rights of juveniles in the same manner that they do the rights of adults (ibid). If a juvenile is less than 15 years of age, a parent or a legal guardian must be present during interrogation. If a juvenile is above fifteen years of age, the officers must confer the case with parents and guardians before, during, or after the interrogation (Arundel, 2010).

The criminal justice system is in place not only to punish offenders but also to provide social justice to the community. Additional protective measures are therefore necessary in dealing with juveniles. Juveniles may commit crimes on the same level as adults do, but they are of a special case because of their age and relative psychological immaturity. The purpose of the juvenile justice system is to rehabilitate the minors and help them integrate better into the society.

As research shows, police officers come into contact with different kinds of juveniles offenders. They may be mentally ill or handicapped. Some of them come from disorderly families, or are routinely abused physically and sexually by parents or other family members. Others may be simply neglected or have no family support when they are in need (Bartollas & Miller, 2008, pp. 101-2; Cole & Smith, 2007, p. 554). These unique circumstances make juveniles a special case.

As Lawrence and Hemmens (2008) write, police officers need to take special measures in treating juveniles during and after arrest especially because "young persons' views and attitudes toward law enforcement are shaped by their first encounter with a police officer" (p. 127). The officers must remember that the youth are psychologically immature and more vulnerable to group influence. The roles of the police are not confined to activities related to the enforcement of law, but should also include maintaining order and serving the community.

The police should also work with community agencies and parents in rehabilitating juvenile offenders and help with counseling. The purpose of the juvenile justice system should.