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How Do The Rights Of Juveniles Differ From Those Of Adults? (SOLVED!)

In most states, including Colorado, juveniles often receive different treatment under the law, especially when they commit criminal acts 😎 They are considered minors with little or no understanding of the law, and the criminal justice system hopes that they will soon or later ‘grow out’ of offending and embrace law-abiding lifestyles 👍 That’s perhaps the reason why penalties imposed on minors often put more focus on rehabilitation and not punishment 🙌 In this article, we will explore several other ways in which juveniles are treated differently under the law. Before we dive in too deep, let’s first understand who is considered a juvenile under Colorado law. [1]
Foreword | Responding to juvenile offending is a unique policy and practise challenge. While a substantial proportion of crime is perpetuated by juveniles, most juveniles will ‘grow out’ of offending and adopt law-abiding lifestyles as they mature. This paper outlines the factors (biological, psychological and social) that make juvenile offenders different from adult offenders and that necessitate unique responses to juvenile crime. It is argued that a range of factors, including juveniles’ lack of maturity, propensity to take risks and susceptibility to peer influence, as well as intellectual disability, mental illness and victimisation, increase juveniles’ risks of contact with the criminal justice system. These factors, combined with juveniles’ unique capacity to be rehabilitated, can require intensive and often expensive interventions by the juvenile justice system. Although juvenile offenders are highly diverse, and this diversity should be considered in any response to juvenile crime, a number of key strategies exist in Australia to respond effectively to juvenile crime. These are described in this paper. [2]
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Janae Bledsoe from nolo.com offer additional insight. Usually, a minor is allowed to make at least one phone call if they are in custody and not likely to be released quickly. The minor can call a parent or guardian, who in turn can contact an attorney. Or the minor can contact an attorney directly. By asking to speak with a parent or attorney, the minor invokes his or her Miranda rights. So, if police ignore the minor’s request to consult a parent or attorney, anything the minor says to the police after that will likely be inadmissible in juvenile court. (To learn more about Miranda in the context of adult criminal proceedings, see Nolo’s article Miranda Rights: What Happens If Police Don’t ‘Read Your Rights.’) (emended by Cherise Palma on April 4, 2020) [3]
The U.S. Department of Justice estimates that over 200,000 juveniles are prosecuted for criminal acts each year in the U.S. However, the majority of these prosecutions do not end with imprisonment, as do most adult crimes. A juvenile crime, also known as delinquency or youth crime, is when a person between the ages of 10 and 16 – 18 (depending on the state where the crimes were committed), commits an illegal act that would be considered a criminal act if performed by an adult. An exception to this rule is if an older juvenile commits a serious or violent crime, he could be tried as an adult—even though he would normally be considered a juvenile. [4]

Article References

  1. https://www.pisanilaw.com/how-are-juveniles-different-from-adults-in-the-criminal-justice-system/
  2. https://www.aic.gov.au/publications/tandi/tandi409
  3. https://www.nolo.com/legal-encyclopedia/constitutional-rights-juvenile-proceedings-32224.html
  4. https://www.tavss.com/library/juvenile-vs-adult-crimes-is-age-the-only-difference-.cfm
Kelly-Anne Kidston

Written by Kelly-Anne Kidston

I am a writer of many words, from fiction to poetry to reviews. I am an avid reader and a lover of good books. I am currently writing my first novel and would love to find some beta readers who are interested in getting an early look.

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