Rights and Protections Afforded to Juveniles
Chapter 2:
Rights and Protections Afforded to Juveniles
2.1 2.2 2.3 2.4 Sources of Juvenile Rights and Protections Constitutional Rights Not Afforded to Juveniles Right to Counsel Right Against Self-Incrimination
A. B. C. D. Constitutional Right Statutory Rights Waiver of Right Against Self-Incrimination Admission to Juvenile Court Counselor at Intake
5 6 6 7
2.5 2.6 2.7
Right to Standard of Proof Beyond a Reasonable Doubt Right to an Open Hearing Right to Confidentiality of Records
A. B. C. D. E. F. G. Juvenile Court Records Juvenile Court Counselor’s Records Law Enforcement Records and Files Department of Juvenile Justice and Delinquency Prevention (DJJDP) Records Nontestimonial Identification Records Exception for Designated Local Agencies Confidentiality on Appeal
9 9 10
2.8 Right to Appointment of Guardian Appendix 2-1 Motion and Order to Destroy Fingerprints and Photographs
14 17
2.1 Sources of Juvenile Rights and Protections
The U.S. Supreme Court has recognized that juveniles have many of the constitutional due process rights afforded adult defendants: the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. In re Gault, 387 U.S. 1 (1967). Juveniles also have the right to have the alleged offense proven beyond a reasonable doubt. In re Winship, 397 U.S. 358, 368 (1970). The North Carolina Juvenile Code provides additional statutory rights to juveniles, such as the right to have a parent present during in-custody interrogation, the presumption of indigency, and confidentiality of juvenile court records. G.S. 7B-2101(a), -2000(b), -3000(b). The principal rights are discussed in this chapter, although it is not intended to be exhaustive.
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CHAPTER 2: Rights and Protections Afforded to Juveniles
2.2 Constitutional Rights Not Afforded to Juveniles
The U.S. Supreme Court has held that juveniles are not afforded the
Rights and Protections Afforded to Juveniles
2.1 2.2 2.3 2.4 Sources of Juvenile Rights and Protections Constitutional Rights Not Afforded to Juveniles Right to Counsel Right Against Self-Incrimination
A. B. C. D. Constitutional Right Statutory Rights Waiver of Right Against Self-Incrimination Admission to Juvenile Court Counselor at Intake
5 6 6 7
2.5 2.6 2.7
Right to Standard of Proof Beyond a Reasonable Doubt Right to an Open Hearing Right to Confidentiality of Records
A. B. C. D. E. F. G. Juvenile Court Records Juvenile Court Counselor’s Records Law Enforcement Records and Files Department of Juvenile Justice and Delinquency Prevention (DJJDP) Records Nontestimonial Identification Records Exception for Designated Local Agencies Confidentiality on Appeal
9 9 10
2.8 Right to Appointment of Guardian Appendix 2-1 Motion and Order to Destroy Fingerprints and Photographs
14 17
2.1 Sources of Juvenile Rights and Protections
The U.S. Supreme Court has recognized that juveniles have many of the constitutional due process rights afforded adult defendants: the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. In re Gault, 387 U.S. 1 (1967). Juveniles also have the right to have the alleged offense proven beyond a reasonable doubt. In re Winship, 397 U.S. 358, 368 (1970). The North Carolina Juvenile Code provides additional statutory rights to juveniles, such as the right to have a parent present during in-custody interrogation, the presumption of indigency, and confidentiality of juvenile court records. G.S. 7B-2101(a), -2000(b), -3000(b). The principal rights are discussed in this chapter, although it is not intended to be exhaustive.
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CHAPTER 2: Rights and Protections Afforded to Juveniles
2.2 Constitutional Rights Not Afforded to Juveniles
The U.S. Supreme Court has held that juveniles are not afforded the