Should young people under the age of 18 have the same due process rights as adults? Why?

Question

I need solid evidence like cases on this matter.

I need evidence like cases on this matter. Thank you very much.

Answer 1

Check out in re Winship and in re Gault - often juveniles are entitled to more due process protection.

The Fourteenth Amendment states that "nor shall any State deprive any *person* of life, liberty, or property, without due process of law." Minors are people, and therefore are under the protection of this Amendment. Even non-citizens are protected by the Constitution, there's no reason why minors shouldn't be.

Answer 2

Read in Re: Gualt

"Question

Were the procedures used to commit Gault constitutionally legitimate under the Due Process Clause of the Fourteenth Amendment?

Conclusion

No. The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment. These requirements included adequate notice of charges, notification of both the parents and the child of the juvenile's right to counsel, opportunity for confrontation and cross-examination at the hearings, and adequate safeguards against self-incrimination. The Court found that the procedures used in Gault's case met none of these requirements.

Answer 3

No... because they aren't subject to the same penalties as adults. Juveniles are adjudicated under a separate system and they are given due process.. just differently.

Answer 4

They generally do.

In many cases, they have more.

For example, an adult can always waive his right to counsel - a minor in many jurisdictions has to have the advise of a lawyer or an "interested adult" before he does so.

Richard