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?