Juvenile Rights at the Time of Arrest Explained

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 govern criminal justice procedures, including those at the time of arrest. These procedures require that police officers not violate the constitutional rights of citizens. At the time of arrest, citizens are entitled to certain rights, such as the Miranda warning and due process in questioning and interrogation. The rights of juveniles at the time of arrest are similar to those of adults, with the important difference that juveniles are entitled to additional protections because of their age and because they remain under the custody of a parent or legal guardian.

When a juvenile is detained by a police officer, it is often at the officer's discretion 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 — juveniles cannot be placed in 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 also notify a parent or 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 differs somewhat from cases involving adults because the juvenile criminal justice system requires officers to comply with procedural and behavioral standards that differ from those used in the adult criminal justice system (Martin, 2005, p. 173). Officers must adopt a softer demeanor, use age-appropriate language, and adjust their overall behavior, while still safeguarding the constitutional rights of juveniles in the same manner as they do for adults (Martin, 2005). If a juvenile is under 15 years of age, a parent or legal guardian must be present during interrogation. If a juvenile is 15 years of age or older, officers must confer the case with parents and guardians before, during, or after the interrogation (Arundel, 2010).

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

As research shows, police officers come into contact with a wide variety of juvenile offenders. Some may be mentally ill or have a disability. Others come from disorderly families or are routinely subjected to physical or sexual abuse by parents or other family members. Still others may be simply neglected or lack family support when they need it most (Bartollas & Miller, 2008, pp. 101–102; Cole & Smith, 2007, p. 554). These unique circumstances make juveniles a distinctly special case within the criminal justice system.