Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully understand their constitutional rights and the consequences of waiving those rights. The authors propose new Miranda warnings and a Bill of Rights for Children to protect children and their constitutional right to due process under the law.
Donald E. McInnis, Shannon Cullen & Julia Schon, The Evolution of Juvenile Justice From the Book of Leviticus to Parens Patriae: The Next Step After In re Gault, 53 Loy. L.A. L. Rev. 553 (2020).