The Constitution and Minor Children

The Constitution and Children

It may be surprising for many people to learn that, much in the same way that the criminal laws that apply to adults cannot be used against a minor child, the constitutional rights that protect adults, do not apply to children either. We need to ask ourselves if the rights that are inherent in every human being should be negated by the legal system based upon someone's age.

Are children not entitled to the same rights to free speech, freedom of religion, freedom from self-incrimination, right to counsel, and right to remain silent simply based upon their status as being underage? It seems that this might open a debate under age discrimination for many, yet, it is a widely confirmed belief upheld by our own court systems in countless cases, and for many years.

In one California case where the issue of banning violent video game sales to children under 18, the only member of the court with minor children themselves argued that there was a duty expected of the court to protect children from these things. One could safely argue, based upon the very same constitutional law protections that are being withheld from the children of the population, that the decision for whether or not a child should be exposed to certain content rests squarely in the hands of the parents of that child, not the State.

When schools are allowed to interrogate children based upon assumptions, albeit well-meaning though often severely misguided and damaging to the child in the long run, we have to ask ourselves if this is an overstepping of boundaries of any kind. We need to begin to take the responsibility for raising our children away from the government, and that means paying attention to our children, and keeping them safe, unless we want others to do so for us.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.