NCJ Number
14495
Journal
Juvenile Justice Volume: 25 Issue: 1 Dated: (MAY 1974) Pages: 26-35
Date Published
1974
Length
10 pages
Annotation
LEGAL AND MORAL QUESTIONS CONCERNING THE EXTENSION OF 4TH AMENDMENT RIGHTS TO JUVENILES, DUE PROCESS, AND THE ROLE OF THE STATE AS PARENT IN THE JUVENILE JUSTICE SYSTEM.
Abstract
THE QUESTION OF SEARCH AND SEIZURE PROBLEMS RESULTING IN CALLS FOR SUPPRESSION OF EVIDENCE IN JUVENILE COURTS IS EXAMINED. THE AUTHOR TRACES THE DEVELOPMENT OF THE JUVENILE SYSTEM, WITH ATTENTION TO THE PARENS PATRIAE DOCTRINE. THE LEGAL AND CONSTITUTIONAL BACKGROUND OF THE SEARCH AND SEIZURE PROBLEM IS INVESTIGATED, AND THE APPLICATION TO JUVENILE PROCEDURES IS DISCUSSED. THE PROBLEM OF PARENTAL CONSENT TO SEARCH IN THE ABSENCE OF THE JUVENILE, AND CONSENT TO SEARCH OR SEARCH BY A SCHOOL OFFICIAL INVOLVING CHILDREN IN SCHOOL IS PRESENTED. SIMILARLY, THE AUTHOR DISCUSSES THE QUESTION OF STOP AND FRISK TECHNIQUES WITH RESPECT TO JUVENILES. HE CONCLUDES THAT THERE IS LITTLE TO BE LOST, AND MUCH TO BE GAINED, BY CONVINCING A CHILD THAT HE HAS BEEN TREATED FAIRLY, AND THAT IT IS DIFFICULT, IF NOT IMPOSSIBLE, TO CONVINCE A CHILD THAT HE HAS BEEN TREATED FAIRLY WHEN HIS PRIVACY HAS BEEN INVADED TO A GREATER EXTENT THAN AN ADULT'S COULD HAVE BEEN.