Identify constitutional guarantees for juveniles taken into custody.
Identification should include
- case law that relates to juveniles taken into custody (in re Gault)
- definition of parens patriae
- application of the Eighth Amendment
- the due process rights of adults vs. those of juveniles
- adversarial, formal trials vs. informal hearings as they relate to the constitutional rights of the defendant.
Process/Skill Questions:
- Why do juveniles and adults have different due process rights?
- How do due process rights of juveniles and adults differ?
- What landmark Supreme Court cases have had an influence on the concept of parens patriae?
- What rights do juveniles have in a custodial setting?
- How does the concept of parens patriae still exist today?