7.11 The Rights of Juveniles

The Rights of Juveniles

Lesson Overview

• Students Will Be Able To:

o Identify how the Constitution has been
applied to the rights of juveniles.

o Analyze a scenario applying the
constitutional rights of juveniles.

• Vocabulary:

o Engel v. Vitale, Establishment Clause,
Juveniles, In re Gault, Kent v. United
States, Minors, Political Speech, Sante
Fe Independent School District v. Doe,
Tinker v. Des Moines Independent
Community School District, Strict
Scrutiny, Tinker Test, West Side
Community Schools v. Mergens

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Multiple Choice

a system of justice according to established rules and principles; based on the principle that a person cannot be deprived of life, liberty, or property without appropriate legal procedures and protections

• double jeopardy

• suffrage

• eminent domain

• due process of law

Essential Question- How have Civil Rights and Civil Liberties been extended to juveniles?

What do you think?
This is a totally
opinion-based
question/scenario.

Poll

In the scenario on the previous slide, who do you think should prevail in this case?

• The School District

• The Student

So, You Want to Be An Adult...

• In the United States the legal age of "Adulthood" is 18
years old

o At 18 you have the right to:

 Vote (if you meet the qualifications of your state)

 Enlist in the military

 Become eligible to serve on a jury

• You can also purchase a lottery ticket, work full-time
during the school year, open a bank account, etc...

• All these rights are guaranteed and protected by the Constitution and legislation (laws)

• Juveniles or Minors- are people under 18 years of age, they have some of these rights and limits on others

• Kent v. United States- Supreme Court case
that stated/ruled that juveniles must be granted due process rights provided in the 14th Amendment (1966)

o Set the precedent that juveniles have Due Process Rights

Civil Rights Protections for Juveniles

• Landmark Supreme Court Case- In re Gault
(1967)- determined the that due process
clause of the 14th Amendment applied to
juveniles

o This changed the way that Juvenile Judges
handled cases (from a rehabilitation standpoint
and a punishment standpoint)
o The idea that Juvenile Justice can have a
different perspective as opposed to adult
justice
• In re Gault (1967)-

o 15-year-old sentenced to 6 years in a detention
facility for making obscene phone calls

o An adult committing the same crime would have received 2 Months in Jail and a $50 fine

o After this case, the Supreme Court ended the
Juvenile Judges ability to arbitrarily decide cases and to protect the constitutional rights of juveniles

Juvenile Justice Rights

• So, while protecting the Due Process rights under the 14th
Amendment the courts have limited Juvenile Justice rights in other areas

o McKeiver v. Pennsylvania (1971)- the Supreme Court ruled that juveniles are not entitled to a trial by jury as that would make it just like adult court and not emphasize rehabilitation

o New Jersey v. T.L.O (1985)- a student's purse was searched by a school administrator and the student claimed their 4th Amendment rights were violated

 School officials can search student property if they believe they have committed a crime or are in the process of committing one

o Board of Education v. Earls (2005)- student athletes claiming that that district policy of requiring drug tests for all athletes was considered an unreasonable search

 The Supreme Court ruled that drug testing was not a violation
because the school had a compelling interest (important duty) to student safety

Tinker v. Des Moines Independent Community
School District

• In this case the Supreme Court's
decision helped to protect students'
freedom of speech rights under the 1st
Amendment.
• Tinker v. Des Moines (1969)-
extended and defined the 1st
Amendment speech rights of
students in U.S. Public Schools

• This landmark decision established the Tinker Test- schools may limit free
speech of students only in
cases where the speech
interferes with appropriate discipline
and/or causes substantial disruption

Speech Rights for Minors

• In the Tinker example, the black armbands were considered Political Speech-
speech related to public discussion about governmental policy, public policy, and
issues of public concern



• The Supreme Court usually practices Strict Scrutiny- which means the government must show that the law is necessary to achieve government actions, when dealing with 1st Amendment issues

Draw

How would you decide in each case?

Religious Rights in School

• Establishment Clause- prohibits the government from imposing an official religion or inhibiting the practice of religion

o Ex- a state law requiring a prayer at the beginning of the school day

oThis would violate the Establishment Clause

• Engel v. Vitale (1962)- Supreme Court decision that school-sponsored prayer
violates the Establishment Clause

• West Side Community Schools v. Mergens (1990)- schools must permit
student interest clubs related to religion if it allows other student interest clubs

o Not allowing this to happen would violate the Equal Access Act

• Sante Fe Independent School District v. Doe (2000)- student-led and
student-initiated prayer at the beginning of a football game violated the Establishment Clause

​Tomorrow 2/3- Live Classroom- Unit Review

Wednesday 2/4- The Constitution in Action Part 1

Thursday 2/5- The Constitution in Action Part 2

Friday 2/6- Unit 7 test

​Looking Ahead: