Monday, April 14, 2014

MBE Fast Fact: Delinquency Proceedings

The rights of the accused is a common topic for MBE questions in the subject of Criminal Procedure, and that topic includes the rights of juveniles. Though there isn't all that much to know on this topic, the following is important in preparing for potential questions:

A child is entitled to the following rights during a delinquency proceeding:

--Written notice of the charges with sufficient time to prepare a defense.

--The assistance of counsel. A child is entitled the same 6th amendment rights as an adult.

--The opportunity to confront and cross-examine witnesses.

--The right not to testify if testifying might subject the child to self-incrimination.

--The right to have guilt established beyond a reasonable doubt.

On the opposite end, it's important to note that the Supreme Court has held inapplicable to delinquency proceedings the right to trial by jury.

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