Who makes the determination if there is sufficient evidence to prove an allegation against a juvenile?
To make this decision, an intake officer first reviews the facts of the case to determine if there is sufficient evidence to prove the allegation. If there is not, the case is dismissed. If there is sufficient evidence, intake will then determine if formal intervention is necessary.
What due process rights do juveniles not have?
Juveniles do not have a constitutional right to seek bail. But many juveniles are released to their parents or guardians prior to arraignment in juvenile court. The right to counsel. In 1967, the U.S. Supreme Court (in a case called In re Gault) ruled that minors have the right to an attorney in juvenile proceedings.
What is the informal juvenile justice process?
A child was commonly brought to court by a police officer or other responsible adult, such as a school counselor, neighbor, or parent. The judge would consider the case in an informal conference and examine the allegations against the child and any evidence in favor of the child.
Do minors have free speech rights?
Court has long recognized that minors enjoy some degree of First Amendment protection. Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Tinker v. Des Moines Independent Community School District 1969).
At what age does the 1st Amendment protect?
There’s no “legal age” you have to reach to exercise your First Amendment freedoms. They are guaranteed to you the day you’re born. There’s also no citizenship requirement for First Amendment protection. If you’re in the U.S., you have freedom of speech, religion, press, assembly and petition.
What is the law on free speech?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.