Rights of an Accused in a status offense
Rights of an Accused in a status offense The Bill of Rights brought revolutionary changes in the way law was perceived towards the US’s citizens. These rights get extended towards minors and children arrested for crimes. However, when it comes to children, the status offense crime is often dealt with as a disciplinary opportunity rather than a punishable offense. To understand more about how an accused’s rights affect a status offender, we must first know what a status offense is.
Who is a status offender? A status offender can be any child between the age of 10 to 21 years or a minor between the age of 7 to 17 who is accused of an age-sensitive crime. Therefore, had the crime been committed by an adult, it would not be termed an offense. There are certain crimes under a status offense that can route through correctional penalty. While in certain crimes, the punishment of a fine and jail sentence is inevitable.
What are the types of status offenses? Status offenses get considered lower crimes, whereas crimes that are more severe when committed by a child are known as delinquency. A delinquency crime is regarded as the same crime that an adult commits. Below are some types of status offenses.
Truancy A child is allowed to skip school on certain occasions, such as ill-health. However, a prolonged leave that beyond the permitted number of days is termed truancy. Truancy is a status offense and is punishable by law.
Violating curfew Most of the states across the US have curfew hours for children. Most of them begin at midnight until early dawn. It ensures kids are safe during the peak times of crime in cities. Children accused of violating the curfew are given penalties such as fines or behavioral correctional time.
Purchase of alcohol Alcohol consumption is only allowed for adults above the age of 21yrs. Underage alcohol and tobacco purchase is a rampant crime in the US. Children as young as 12 years get arrested for the crime of consuming and purchasing alcohol.
Running away Short-term and long-term runaways are undertaken by kids who either are not happy with their current families, foster care family, or even facing abuse at home. Short-term runaways are from one 1day to a maximum of one week. Whereas a long term runaway means the child has no desire to return to his / her family
Status offense crimes are mainly dealt with in correctional centers, rehabilitation, and even foster care. Children who have behavior above anyone’s capacity to contain them are known as incorrigible behavior. The parents, in such cases, have given up on their children and wish the federal authorities to intervene and take care of the child. At correctional institutions, the child is given a fair chance to grow as an average child would at that particular age. Psychologists closely work with status offenders because if such behavior is not corrected at a young age, they may display a lack of empathy and commit felonies.
What does a child need to know about the law? Being a child is not easy at this point.
There is a lot of distraction, and kids can go awry quickly under the influence of abusive families, friends, or even guardians. The law is equal when it comes to giving an accused the rights, whether they are young or an adult.
The rights of the accused child under status offense are as below: The right to Due process The accused minor has the right to sit through the trial and receive the entire trial’s entire transcription to understand the charges against him/ her better. It is one of the most important rights of the accused even for a minor.
The right against self-incrimination A child accused of a status offense can choose not to speak when interrogated after the court has set the trial.
They also have the right to remain silent, so they do not self-incriminate themselves. Having children wrongfully detained may take away precious years of their childhood.
The right to Attorney Status offense barely requires the attorney, but a simple-looking trial may strip away a child from certain rights. Hence they have a right to hire an attorney. In case they are not capable of doing so, they are to receive an attorney on their behalf from the government.
The right against double jeopardy Once convicted or released, the status offender cannot be tried again in any other court for the same offense. It protects them from being tried more than once for the same crime in any court of law.
The Right to decriminalization A status offender must have his crime separated from the delinquency. Therefore status offenses cannot treat itself the same as delinquency. The penalty must be at par with the crime committed. A status offender cannot be held in custody for more than one day as their crime is not as severe as delinquency.
SUMMARY
Status offense offers the same rights of accused as an adult criminal would revive in the court trial. The only difference is that they are tried in a juvenile court. The penalties are often exchanged for behavior correctional courses, rehab, and even foster care. The entire background of the crime is studied so that the child may not face any injustice when it comes to serving a prison sentence. Judges consider status offenses are minor crimes and hence they can be rectified through more humane ways than adding the burden of jail sentences for a few years.
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