The juvenile justice system works very differently than the adult system. Typically, it is not as harsh as the adult system. That is why it is better to keep an accused teen in juvenile court and to avoid the case being moved to adult court.
Parents with a child accused of an offense often wonder whether they have the same rights as adults. Many of these are rights provided by the U.S. Constitution. Others are thanks to U.S. Supreme Court (SCOTUS) rulings over the years – like Miranda rights.
What constitutional and other rights do teens have?
The good news is that SCOTUS has determined that, as the Department of Justice (DOJ) explains, “juvenile courts must afford to juveniles basic constitutional protections, such as advance notice of the charges, the right to counsel, the right to confront and cross-examine adverse witnesses, and the right to remain silent.”
They also have Fourth Amendment protections from illegal search and seizure and the Fifth Amendment protection against self-incrimination. SCOTUS has also determined that when a juvenile is arrested without a warrant, they must have a “probable cause hearing.”
One constitutional right not afforded to juveniles is the Sixth Amendment right to a jury trial. A bench trial is held with a judge, rather than a jury, making a determination as to guilt or innocence.
Juveniles and access to an attorney:
As noted, juveniles have the right to an attorney. In fact, under Washington law, to further protect juveniles, who are typically more likely to be intimidated by law enforcement and not fully understand their rights, they must have “access to an attorney for consultation…in person, by telephone, or by videoconference, before the juvenile waives any constitutional rights” if they are being detained, before they can consent to a search and before undergoing a “custodial interrogation.”
Some statements a juvenile makes without consulting with an attorney may be ruled inadmissible. That means they cannot be used against them at a trial.
It is crucial for a juvenile’s rights to be protected at every stage of their interaction with the justice system. That is why it is important for all parents and legal guardians to know those rights and ensure that their child gets experienced legal guidance as early as possible.