Juvenile

United States v. Juvenile

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 26, 201007-50107California12,370 words

Opinion

Opinion

BACKGROUND

I. Statutory Protections for Arrested Juveniles.

Under the Juvenile Delinquency Act, juveniles are entitled to distinct procedural protections with regard to interrogation and arraignment, the speed with which they are brought to trial, and the institution of delinquency proceedings against them in federal court. Upon the arrest of a juvenile, the arrest- UNITED STATES v. JUVENILE MALE 1513 ing officer must “immediately advise [the] juvenile of his legal rights, in language [that is] comprehensi[ble] to a juve- nile.” 18 U.S.C. § 5033. The arresting officer must also “no- tify the parents, guardian or custodian of the rights of the juvenile,” and the juvenile must “be taken before a magistrate judge forthwith.” Id.

Before instituting delinquency proceedings in federal court, the “Attorney General” must “certif[y] to the appropriate dis- trict court” that one of three conditions exists: “the juvenile court or other appropriate court of a State does not have juris- diction or refuses to assume jurisdiction”; “the State does not have available programs and services” for juveniles; or “the offense charged is a crime of violence” or a specified drug-…

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