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Juvenile Defendants & Right to Defend Themselves This resear

nd had declined. On appeal, the California Supreme Court upheld his conviction and stated at 378-379:

"We cannot accept the suggestion of certain commentators . . . that every minor is incompetent as a matter of law to waive his constitutional rights to remain silent and to an attorney unless the waiver is consented to by an attorney or by a parent or guardian who has himself been advised of the minor's rights."

"We recognize that in a number of respects minors enjoy a privileged status in our law. One of the primary concerns

of the Legislature has been to protect minors from suffering

unfair treatment in their dealings with adults simply by

reason of their immaturity." However, the Court went on to

state at 381 that "with respect to tortious or criminal acts of minors," the rights of minors had to be balanced (at 379)

against "society's interest in self-preservation," and (at

381) "the law extends no blanket presumption of incapacity."

The Court said that the validity of a defendant's waiver had

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Juvenile Defendants & Right to Defend Themselves This resear. (1969, December 31). In LotsofEssays.com. Retrieved 18:27, May 20, 2024, from https://www.lotsofessays.com/viewpaper/1704617.html