Constitutional Safeguards in Juvenile Criminal Proceedings: A Comparison with Adult Procedures
This paper compares constitutional safeguards in juvenile criminal proceedings with those in adult procedures.
Charlotte Young
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Constitutional Safeguards in Juvenile Criminal Proceedings: A Comparison
with Adult Procedures
What are the constitutional safeguards that are associated with criminal juvenile proceedings?
How do these safeguards differ/relate to the safeguards and foundations which were
established for adult criminal law procedures? What would happen if adult and juvenile
procedures were the same? Explain.
“Some advocates of children's rights believe that children should be afforded the same
constitutional and procedural safeguards that adults are given in court. The juvenile justice
system is cited by some experts as an area in which the protections granted to children lag
behind those provided to adults. For example, children may be detained in situations where
adults would not be. Bail is not set for children, and children do not receive the benefit of a
jury of their peers. In some states, as recently as the late 1980s, minors could receive longer
incarceration sentences than could adults” (The Free Dictonary, 2012).
How do these safeguards differ/relate to the safeguards and foundations which were
established for adult criminal law procedures? They differ because they are less harsh on
children and they are developing ways to help protect children’s rights. Children do no have
an understanding of their rights so there are representatives called Law guardians that help a
child through the court process and they explain the rights to the child as the proceeding
moves.
What would happen if adult and juvenile procedures were the same?
If Juvenile’s were prosecuted the same way that adults are, there would be an excessive
amount of juveniles in prison. The government is more lenient on juveniles because they are
not expected to be as mature as adults or understand what their actions can mean or do to
others. They are not as harsh so that the juvenile can hopefully correct their actions before
they become an adult.
The Free Dictonary. (2012). Retrieved from Farlex: http://legal-
dictionary.thefreedictionary.com/Children's+Rights
Response 2
Constitutional safeguards that are associated with the criminal juvenile proceedings include
several barriers to ensure that children are not mistreated. When an adult is arrested it is
pretty cut and dry. If I catch “adult Jim” breaking into someone’s house I arrest him, put him
in the back seat of my car and off we are to the jail. However, if I catch “Juvenile Jim”
breaking into someone’s house there are several steps I have to take due to constitutional
with Adult Procedures
What are the constitutional safeguards that are associated with criminal juvenile proceedings?
How do these safeguards differ/relate to the safeguards and foundations which were
established for adult criminal law procedures? What would happen if adult and juvenile
procedures were the same? Explain.
“Some advocates of children's rights believe that children should be afforded the same
constitutional and procedural safeguards that adults are given in court. The juvenile justice
system is cited by some experts as an area in which the protections granted to children lag
behind those provided to adults. For example, children may be detained in situations where
adults would not be. Bail is not set for children, and children do not receive the benefit of a
jury of their peers. In some states, as recently as the late 1980s, minors could receive longer
incarceration sentences than could adults” (The Free Dictonary, 2012).
How do these safeguards differ/relate to the safeguards and foundations which were
established for adult criminal law procedures? They differ because they are less harsh on
children and they are developing ways to help protect children’s rights. Children do no have
an understanding of their rights so there are representatives called Law guardians that help a
child through the court process and they explain the rights to the child as the proceeding
moves.
What would happen if adult and juvenile procedures were the same?
If Juvenile’s were prosecuted the same way that adults are, there would be an excessive
amount of juveniles in prison. The government is more lenient on juveniles because they are
not expected to be as mature as adults or understand what their actions can mean or do to
others. They are not as harsh so that the juvenile can hopefully correct their actions before
they become an adult.
The Free Dictonary. (2012). Retrieved from Farlex: http://legal-
dictionary.thefreedictionary.com/Children's+Rights
Response 2
Constitutional safeguards that are associated with the criminal juvenile proceedings include
several barriers to ensure that children are not mistreated. When an adult is arrested it is
pretty cut and dry. If I catch “adult Jim” breaking into someone’s house I arrest him, put him
in the back seat of my car and off we are to the jail. However, if I catch “Juvenile Jim”
breaking into someone’s house there are several steps I have to take due to constitutional
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Subject
Criminal Justice