Legal status of juveniles and its peculiarities

Problems related to legal status of juveniles have always attracted the deliberate attention of international community. In 1924, the League of Nations had adopted the Declaration of Geneva which addressed issues regarding children slavery, child labor and trafficking of children. The next stage was an adoption of the Declaration by the UN which contained fundamental principles concerning child’s well-being and safety, while the General Assembly had adopted the UNCRC which was considered to be one of the basic treaties regarding both juveniles and children safeguarding.

Measures applied in Kansas justice system

Each U.S. state has its own juvenile justice system as well as the state of Kansas does. Basic principles of Kansas justice system consist of government to consider personality and social advancement of a criminal or juvenile offender; they are as follows:

  • offenses committed by under-ages from age 10 to 17 are considered by the young offender’s court, while offences committed by someone after age 17 can be considered in adult criminal court;
  • any child has legal rights such as a right to counsel, a right to remain silent and a right to be secure from all unreasonable searches. It’s required parents, foster parents or lawyer to be present during an interrogation of a child under 13;
  • an underage can remain in custody for no more than 48 hours before the detention hearing, not counting holidays and weekends. A notice of hearing should be given at least 24 hours before to the hearing;
  • each juvenile has a right to counsel who is automatically assigned by the court at the time the charges are filed;
  • the court can deliver any judgment depending on the gravity of the crime committed by a juvenile. If an offence is petty than the court usually places a child on probation;

  • educational measures are the most loyal type of punishment which involves participation in anti-aggression training. Summary punishment is considered to be an assistance to an underage which helps him or her to acknowledge a wrong-doing;
  • summary punishment may involve repair of damaged objects, personal apology to the victim, penalty or community sentence;
  • the Juvenile Justice Authority is able to manage the custody of an underage who has committed an offence. It may be a juvenile detention center also known as juvenile hall, mental health institution or a group home;
  • in Kansas, a juvenile record can be expunged or destroyed at least in two years after release from the jurisdiction. It’s worth noticing that the record can be expunged or destroyed only if parents have applied for expungement of juvenile record.

All the measures applied to juvenile offenders in Kansas are loyal and are intended for preventing the development of a criminal character.

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