There have been many laws passed regarding how we treat juvenile crime and offenses committed by minors. Prior to 1967, juveniles did not have the same rights as adults when it came to being charged with a crime. In a landmark case, (In re Gault, 387 U.S. 1 (1967), the United States Supreme Court decided that under the Fourteenth Amendment, all juveniles accused of crimes must be afforded the same rights as adults. This includes the right to confront their accusers, to be notified in a timely manner regarding the charges, the right to have legal counsel and the right against self-incrimination.
The Rights of Juveniles
In recent years, the U.S. Supreme Court has made several decisions regarding the rights of minors in these cases:
Roper v. Simmons, 543 U.S. 551 (2005)—At age 17, Christopher Simmons was found guilty of committing capital murder and was sentenced to death after he turned 18. In 2005, the Supreme Court held that is it unconstitutional to impose capital punishment for crimes committed by those under age 18, citing that it is “cruel and unusual punishment” prohibited by the Eighth Amendment. The decision overruled the Court’s prior ruling in the case of Stanford v. Kentucky, 492 U.S. 361 (1989) which held that most Americans did not consider executing minors to be cruel and unusual punishment. This decision overturned the statutes in 25 states, which had the penalty set lower.
In Graham v. Florida, the petitioner, Terrance Graham was 16 when he committed armed robbery along with a co-defendant who bludgeoned the restaurant manager, causing serious bodily injury. Graham was charged as an adult and received three years probation through a plea agreement. During this probationary period, he was involved in a home invasion. The plea agreement was set aside and Graham was sentenced to life in prison. Since Florida had abolished the parole system, this sentence did not allow for the possibility of release. On May 17, 2010, the U.S. Supreme Court ruled that minors cannot be sentenced to life in prison, without the possibility of parole for non-homicide offenses.
Juvenile Offenders and the Court System
When your child is charged with a crime, they will be processed through the juvenile justice system. The laws in each state vary as to who is eligible for juvenile court, but most states follow these guidelines:
- Children under the age of 7 cannot be prosecuted for a crime, but the parents may be held liable.
- Minors between the ages of 7 to 15 are the primary candidates for the juvenile court system.
- Juvenile offenders between 12 and 17 are usually taken to juvenile court, but the District Attorney may request that they be tried in adult court when the crimes are serious in nature or a violent felony offense.
If your child is tried in juvenile court, a judge will be deciding upon their guilt or innocence, and not a jury. Primarily, the court’s focus is on rehabilitating the offender rather than imposing punishment.
When Your Child is Arrested
The police are required to contact the parents or the child’s legal guardian if they have been arrested for a crime. All juvenile offenders have the right to remain silent and to seek legal representation. If your child asks for an attorney, law enforcement must immediately stop questioning them. When a minor is arrested, they will often be referred to an intake officer who specializes in the juvenile justice system. The officer will evaluate the case to determine whether or not to move forward with formal charges.
Why Your Child Needs a Lawyer
Most children are naïve when it comes to understanding how the criminal justice system works. Police are allowed to lie to suspects and children are the most vulnerable and easily manipulated. In some cases, the police may try to force your child to confess, before reading them their Miranda rights. This is why you need an expert criminal defense lawyer. Law enforcement has been known to tell parents not to worry because they just want to talk to the child. Nothing could be further from the truth. Instruct your child to never speak with police until an attorney is at their side.
