Juvenile Rights Comparisons Of Protections Term Paper

The adult counterparts cannot access such diagnostic processing as juveniles do. Adults are treated separately unlike juveniles within the jury and the constitutional accordance that assures the difference has been assured to the individuals. The IV Amendment Search and Seizure Clause

The Fourth Amendment is one of the most prolific archives of constitution litigation in the United States of America. The application to the state through the process of Due Process Clause of the Fourteenth Amendment is unique and comprehensive to the American court systems dealing with juveniles. This amendment is depicted by issuance of connotation that protected individuals from unnecessary seizures and searches while in court proceedings. The amendment has much respect to juveniles and juvenile courts since most juveniles do not have to be apprehended under similar conditions and processes as adult offenders. With the coming of the amendment into full force, many juveniles were made to access provisions that were lacking initially. Moreover, adult offenders could access protections against unnecessary searches and seizures while attending court proceedings (Siegel & Welsh, 2012).

Interrogation

According to the Miranda decision, any juvenile brought to court for committing substantial offences accesses the rights and can be questioned immediately before the juvenile court. The Miranda Decision provides for the offender to be guided according to the constitutional rights. Adults access all these rights too. For juveniles, interrogation should be issued with compliance to warranties of which if they fail,...

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Here, the juvenile should be guided and warned in accordance to the Miranda Decisions before being questioned. Before interrogation, the juvenile should be accessed to a number of rights. Such rights include the right to remain silent, the right to stop talking, and the right to an attorney, among other rights. During interrogation, the officers involved must respect the rights of the juvenile. Interrogation should be stopped in case the juvenile requests.
Confession

Confession is another technical issue that should be taken with firm ground. Confession is possible with juveniles. Information obtained from confession is regarded seriously tentative since the brains of the juveniles are subject to question. They are not like adults who can engage broad thinking and involvement of varied approaches and considerations before making a structured confession. While confessing, it is crucial to consider the immediate state of the juvenile in order to ensure validation of the information relayed by the offender (Kumar, 2006).

Sources Used in Documents:

References

Bueren, G.V. (1998). The international law on the rights of the child. Dordrecht [u.a.: Nijhoff.

Detrick, S. (1999). A commentary on the United Nations Convention on the Rights of the Child. The Hague [u.a.: Nijhoff Pub.

Kumar, a. (2006). Human rights and sustainable development. New Delhi: Sarup & Sons.

Siegel, L.J., & Welsh, B. (2012). Juvenile delinquency: Theory, practice, and law. Australia: Wadsworth, Cengage Learning.


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