Generation Information About Legal Topics
Topic 111: Rights Of Juveniles Who Have Been Arrested
(revised 11/97)

Generally speaking, a person under 17 years of age in Missouri who is charged with a crime falls within the jurisdiction of the juvenile court. Anyone over 16 in Missouri who is charged with any crime and anyone who is charged with a traffic offense and is old enough to have a driver's license is prosecuted as an adult.

The primary concern of Juvenile Court is not to punish but to rehabilitate and redirect youths who have run afoul of the law, without stigmatizing them with a criminal record, yet at the same time holding them responsible for their acts and protect the community. The proceeding to determine whether a child has engaged in conduct, which if committed by an adult, would constitute a crime is called a juvenile delinquency proceeding. It consists primarily of two parts; (1) a fact finding hearing, similar to a trial, in which it is determined whether a crime has been committed by the juvenile in question; and (2) if the juvenile has been found by the court to have committed the crime, a dispositional hearing to determine what is to be done with the child.

Although potential consequences of a delinquency proceeding are quite different from those of a criminal prosecution, the fundamental rights given the accused are not. With few exceptions, a juvenile has, generally, the same rights as an adult. Those rights include: the right to remain silent; the right to an attorney and to have one appointed if one cannot be retained; the right to call witnesses; the right to cross-examine witnesses for the prosecution; and the right to an appeal. As in a criminal case, the burden is on the prosecution to establish the guilt of the accused beyond a reasonable doubt. In short, a juvenile in Juvenile Court enjoys the same constitutional rights as an adult accused, except the rights to a jury trial and a preliminary hearing.

When a juvenile is arrested, the arresting officer must immediately notify the child's parents or guardian. If the child is not released in his or her parent's custody, the police must, with all reasonable speed, take the child to the Juvenile Court, to a juvenile detention facility, or to a juvenile officer, but not to jail. If taken to a detention facility, the child must then be given a detention hearing within 48 hours, excluding Saturdays, Sundays and legal holidays in Missouri, for the purpose of determining whether the child can then be immediately released or should be detained further.

Depending on the child's age, the nature of the charges and certain other factors, the juvenile court can waive its jurisdiction or "certify" a juvenile, so that the juvenile is prosecuted as an adult.

Remember that an accused juvenile is entitled to the services of an attorney and that legal representation in the form of a court-appointed attorney is available in the event that the parents or guardian of the child cannot retain a private attorney.


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