NCJ Number
145363
Journal
Louisiana Law Review Volume: 52 Issue: 5 Dated: (May 1992) Pages: 1141-1158
Date Published
1992
Length
18 pages
Annotation
This is a commentary on article 808 of the Louisiana Children's Code, enacted in 1991.
Abstract
Article 808 states, "All rights guaranteed to criminal defendants by the Constitution of the United States or the Constitution of Louisiana, except the right to jury trial, shall be applicable in juvenile court proceedings brought under this title." It grants to the children of Louisiana greater rights than they had previously possessed. Although their rights have been equated to those of adults, children simply are not as competent to make decisions concerning the waiver of rights. The author argues that, with regard to the right against self-incrimination, children require additional protections beyond those extended to adults. Recommendations are that juveniles be required to consult an attorney before a waiver of rights to silence and counsel can be considered valid, and, further, to make juveniles' right to counsel nonwaivable. 80 footnotes