The authors of this volume provide discussion on vital issues related to the rights of children in the United States, including: the historical and contextual perspective on the rights of children; the United Nations Convention on the Rights of the Child; the differing views on children's rights and competencies; and the rights of children within the family, the social service system, the health care system, the educational system, the juvenile justice system and in employment.
Chapter 9: On Guilt and Gault: The Rights of Children in the Juvenile Justice System
On Guilt and Gault: The Rights of Children in the Juvenile Justice System
[I]t would be extraordinary if our Constitution did not require the procedural regularity and the exercise of care implied in the phrase “due process.” Under our Constitution, the condition of being a boy does not justify a kangaroo court.
Michael, a 16-year-old boy, was taken into police custody and questioned about a man's murder (Fare v. Michael C., 1979). The boy had a long record of being in trouble with the law, and the juvenile court had placed him on probation 4 years earlier. Michael was given his Miranda warnings (Miranda v. Arizona, 1966) by the ...