8.4: Arresting Juveniles
Whenever a juvenile is arrested for an act of juvenile delinquency, he must immediately be advised of his legal rights. [ 18 U.S.C.A. § 5033 (West 1985).] The Attorney General (United States Attorney) shall be notified. Id. The juvenile's parents, guardian or custodian must also be immediately notified of his arrest as well as his rights and of the nature of the alleged offense. This requirement is not invoked when a juvenile is arrested and placed into administrative detention, but rather is initiated by the juvenile's placement into custody after the filing of an information alleging delinquent conduct. [ United States v. Juvenile Male , 74 F.3d 526, 530 (4th Cir. 1996 ).] Notification made after a statement has been given or made without spelling out the juvenile's right to notify a responsible adult cannot satisfy the statutory mandate. [ United States v. Nash , 620 F. Supp. 1439, 1442-43 (S.D.N.Y. 1985). ]
Figure 8.3 USMS-Omaha-2 by the Omaha Police Department .is used under a CC BY 2.0 license.
If the juvenile is an alien, a reasonable effort must be made to reach his parents, and if not feasible, prompt notice to his country's Consulate should be made. [ United States v. Doe , 862 F. 2d 776, 780 (9th Cir. 1988). ]
Figure 8.4 James G. Bowles Juvenile Hall is operated 24 hours a day, 365 days a year by the Kern County Probation Department as a secure detention facility for minors. JGB Juvenile Hall by Tabitha Raber is used under a CC BY 4.0 license.
Regarding cases of juvenile delinquency, the United States Attorney can proceed in different ways. The case can be referred to state authorities, attempts to adjudicate the juvenile as a delinquent can be made, or the United States Attorney can move to transfer the juvenile for criminal prosecution as an adult.