Are juveniles entitled to any due process protections in juvenile delinquency hearings?
ANSWER In 1967, the U.S. Supreme court held for the first time that children were persons under the 14th Amendment due Process clause and entitled to certain constitutional rights. In the case of In re Gault, the Court held that juveniles are entitled to notice of the charges against them, legal counsel, questioning of witnesses, and protection against self-incrimination in hearings that could result in commitment to an institution. The Supreme Court further established in In re Winship, that the reasonable doubt standard should be required in all delinquency adjudications. However, unlike adults, juveniles do not have the constitutional right to be released pending trial or to a jury trial in most states.
Related Questions
- How can I order copies of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) publication entitled, You e Not Alone: The Journey From Abduction to Empowerment?
- Do juveniles adequately receive due process protections in juvenile delinquency hearings?
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