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. |