Constitutional Safeguards for the Juvenile Offender

Abstract

The United States Supreme Court's concern for the juvenile's Constitutional safeguards has resulted in two historic decisions (Kent and Gault) affecting juvenile court procedures. Despite certain ambiguities, the ramifications and implications of these cases may bring order out of the procedural chaos plaguing thousands of juvenile courts. The Supreme Court has affirmed that in state proceedings which could lead to loss of liberty, juveniles have the right of due notice, the right of counsel, the right to remain silent, and the right to confront and cross- examine witnesses. Only time will tell whether the Bill of Rights will apply to state action in dealing with juveniles or whether such direct application must undergo a time-consuming meta morphosis, as was the case with adult criminal procedure.