defendants are entitled to due process under

#Defendants are entitled to due process under trial

#Defendants are entitled to due process under trial

The Supreme Court did not forbid states from providing a jury trial in juvenile cases, though. Juvenile courts are supposed to rehabilitate rather than punish a juvenile, and a formal adversarial process might hinder that goal. It also has found that juvenile court proceedings are different from proceedings in regular criminal court because they are not truly adversarial. Supreme Court has found that using a jury would undermine the confidentiality of juvenile court proceedings. Generally, a juvenile does not have a right to a jury trial in juvenile court. Their attorney can challenge the testimony provided by prosecution witnesses. They also have a constitutional right to confront and cross-examine witnesses. This right extends to juveniles, who cannot be required to provide testimony against themselves. The Fifth Amendment protects an individual from self-incrimination. Supreme Court found that juveniles are entitled to many of the same due process protections as adults, including the right to counsel, in In re Gault. They also have a right to an attorney, including a right to a public defender if they cannot afford to hire a private attorney. Supreme Court, a juvenile has a constitutional right to notice of the charges against them. Asking to call a parent or attorney triggers their Miranda rights, which means that the police must refrain from questioning them until they make the call.Īccording to the U.S. They do have a right to a phone call in most cases if they are being held in custody. However, a juvenile often does not need this protection because law enforcement usually will release them to the custody of a parent or guardian. The right to request bail, which can be critical to adult defendants, is not available in juvenile court. They can detain and search a juvenile based on a reasonable suspicion, which is a lesser burden than probable cause. Probable cause is required before searching a juvenile in most cases, unless school authorities are conducting the search. Police officers generally must provide Miranda warnings as well. Similar to arrests of adults, arrests of juveniles must be supported by probable cause. It was not until the 1960s and 1970s that the Supreme Court issued many of the rulings that now award juveniles some (but not all) of the same due process rights as adults.