What are a child's rights when dealing with the criminal justice system?
In New York, a child’s rights when dealing with the criminal justice system are determined by child advocacy law. This law seeks to protect minors from unfair prosecution and sentencing and ensures that the child’s best interests are taken into account in all proceedings. Under New York child advocacy law, any child accused of a crime or detained by the police must be informed of their Miranda Rights and must receive appropriate legal counsel. If the child is detained or arrested, a parent or guardian must be notified immediately. The child also has the right to remain silent during questioning and cannot be asked questions that would incriminate them. The child also has the right to due process, meaning that they must be treated fairly and given the opportunity to defend themselves in court. The child’s age must also be taken into consideration when determining the severity of the sentence. For example, a minor is not eligible for the death penalty. Finally, a child’s rights in the criminal justice system include the right to receive a fair hearing, the right to be heard and to be presumed innocent until proven guilty beyond a reasonable doubt. The child also has the right to appeal if they are unhappy with the outcome of their case. Overall, child advocacy law in New York provides a child with several important rights and protections when dealing with the criminal justice system. It is important that children are aware of their rights and are supported throughout the process.
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