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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 Comparisonwith Adult ProceduresWhat are the constitutional safeguards that are associated with criminal juvenile proceedings?How do these safeguards differ/relate to thesafeguards and foundations which wereestablished for adult criminal law procedures? What would happen if adult and juvenileprocedures were the same? Explain.“Some advocates of children's rights believe that children should be afforded the sameconstitutional and procedural safeguards that adults are given in court. The juvenile justicesystem is cited by some experts as an area in which the protections granted to children lagbehind those provided to adults. For example, children may be detained in situations whereadults would not be. Bail is not set for children, and children do not receive the benefit of ajury of their peers. In some states, as recently as the late 1980s, minors could receive longerincarceration sentences than could adults”(The Free Dictonary, 2012).How do these safeguards differ/relate to the safeguards and foundations which wereestablished for adult criminal law procedures? They differ because they are less harsh onchildren and they are developing ways to help protect children’s rights. Children do no havean understanding of their rights so there are representatives called Law guardians that help achild through the court process and they explain the rights to the child as the proceedingmoves.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 excessiveamount of juveniles in prison. The government is more lenient on juveniles because they arenot expected to be as mature as adults or understand what their actions can mean or do toothers. They are not as harsh so that the juvenile can hopefully correct their actions beforethey become an adult.The Free Dictonary.(2012). Retrieved from Farlex: http://legal-dictionary.thefreedictionary.com/Children's+RightsResponse 2Constitutional safeguards that are associated with the criminal juvenile proceedings includeseveral barriers to ensure that children are not mistreated. When an adult is arrested it ispretty cut and dry. If I catch “adult Jim” breaking into someone’s house I arrest him, put himin 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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Criminal Justice

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