What rights do juveniles have in prison?

On Behalf of | Mar 24, 2017 | Underage Drinking

Criminal laws vary greatly from state to state but one universal truth is that juveniles are entitled to enhanced protections compared to adults. Juveniles are entitled to same protections as adults, such as the Eighth Amendment protection against cruel and unusual punishment, but they also receive enhanced protections. The purpose of this greater leniency is to reduce the likelihood they will reoffend.

First, juveniles must be separated from adults. Juveniles can and are charged as adults and incarcerated in adult facilities however, the prison must segregate children from adult.

Second, juveniles must receive an education while they are incarcerated. In theory, all prisons should try to rehabilitate their prisoners but the requirements are much stricter for juveniles. Education is a constitutional right in many states and no one, not even the government, is permitted to deny a child the right to an education.

Finally, prisons are responsible for the safety of juveniles. Again, yes, prisons must protect all inmates however the duty is much more enhanced with children. If the prison is aware of a threat, it must actively work to prevent harm to the child, even if it means removing him or her from the prison’s immediate custody.

If your child was charged with drunk driving or alcohol-related charges, then you may want to call a lawyer for assistance. Your child is entitled to protections if they are confined to juvenile detention however a conviction could have severe consequences for their future. An attorney can help your child present a strong DWI defense. Your child does not need to face the justice system along, a lawyer can stand with her.

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Charles Waechter | Lawyer.com Premium
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