For more information visit: https://www.getlegal.com/legal-info-center/criminal-law/fundamental-rights-of-the-accused/

1. Rights of an
Accused in a
status offense

2. Rights of an Accused in a status offense
The Bill of Rights brought revolutionary changes
in the way law was perceived towards the US’s
citizens. These rights get extended towards
minors and children arrested for crimes. However,
when it comes to children, the status offense
crime is often dealt with as a disciplinary
opportunity rather than a punishable offense. To
understand more about how an accused’s rights
affect a status offender, we must first know what
a status offense is.

3. Who is a status offender?
A status offender can be any child between the age of 10 to 21 years or a minor
between the age of 7 to 17 who is accused of an age-sensitive crime. Therefore,
had the crime been committed by an adult, it would not be termed an offense.
There are certain crimes under a status offense that can route through correctional
penalty. While in certain crimes, the punishment of a fine and jail sentence is
inevitable.

4. What are the types of status offenses?
Status offenses get considered lower crimes, whereas crimes that are more severe
when committed by a child are known as delinquency. A delinquency crime is
regarded as the same crime that an adult commits. Below are some types of status
offenses.
Truancy
A child is allowed to skip school on certain occasions, such as ill-health. However, a
prolonged leave that beyond the permitted number of days is termed truancy.
Truancy is a status offense and is punishable by law.

5. Purchase of alcohol
Alcohol consumption is only allowed for adults above the age of 21yrs. Underage
alcohol and tobacco purchase is a rampant crime in the US. Children as young as 12
years get arrested for the crime of consuming and purchasing alcohol.
Violating curfew
Most of the states across the US have curfew hours for children. Most of them begin
at midnight until early dawn. It ensures kids are safe during the peak times of crime
in cities. Children accused of violating the curfew are given penalties such as fines or
behavioral correctional time.

6. Running away
Short-term and long-term runaways are
undertaken by kids who either are not
happy with their current families, foster
care family, or even facing abuse at
home. Short-term runaways are from one
1day to a maximum of one week.
Whereas a long term runaway means the
child has no desire to return to his / her
family

7. Status offense crimes are mainly dealt with in
correctional centers, rehabilitation, and even foster
care. Children who have behavior above anyone’s
capacity to contain them are known as incorrigible
behavior. The parents, in such cases, have given up
on their children and wish the federal authorities to
intervene and take care of the child. At correctional
institutions, the child is given a fair chance to grow
as an average child would at that particular age.
Psychologists closely work with status offenders
because if such behavior is not corrected at a
young age, they may display a lack of empathy and
commit felonies.

8. What does a child
need to know about
the law?
Being a child is not easy at this point.
There is a lot of distraction, and kids can
go awry quickly under the influence of
abusive families, friends, or even
guardians. The law is equal when it comes
to giving an accused the rights, whether
they are young or an adult.

9. The rights of the accused child under
status offense are as below:
The right to Due process
The accused minor has the right to sit through the trial and receive the entire trial’s
entire transcription to understand the charges against him/ her better. It is one of
the most important rights of the accused even for a minor.
The right against self-incrimination
A child accused of a status offense can choose not to speak when interrogated
after the court has set the trial.

10. The right to Attorney
Status offense barely requires the attorney, but a simple-looking trial may strip
away a child from certain rights. Hence they have a right to hire an attorney. In case
they are not capable of doing so, they are to receive an attorney on their behalf
from the government.
They also have the right to remain silent, so they do not self-incriminate
themselves. Having children wrongfully detained may take away precious years of
their childhood.

11. The right against double jeopardy
Once convicted or released, the status offender cannot be tried again in any other
court for the same offense. It protects them from being tried more than once for
the same crime in any court of law.
The Right to decriminalization
A status offender must have his crime separated from the delinquency. Therefore
status offenses cannot treat itself the same as delinquency. The penalty must be at
par with the crime committed. A status offender cannot be held in custody for
more than one day as their crime is not as severe as delinquency.

12. Status offense offers the same rights of accused as
an adult criminal would revive in the court trial. The
only difference is that they are tried in a juvenile
court. The penalties are often exchanged for
behavior correctional courses, rehab, and even
foster care. The entire background of the crime is
studied so that the child may not face any injustice
when it comes to serving a prison sentence. Judges
consider status offenses are minor crimes and
hence they can be rectified through more humane
ways than adding the burden of jail sentences for a
few years.
SUMMARY

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