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    Speak Up! - View Question #565


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    Question: What due process rights need to be followed if someone brought a knife to school for a juvenile?

    Answer: There are two ways a student can be disciplined for bringing a knife to school. Both must give the student due process. The school and/or the juvenile court can take action.

    If the school feels the knife violates school policy and the consequences are severe enough (such as expulsion) the school must give the student a hearing and notice of the hearing so he/she can bring a lawyer and witnesses if he/she wants.

    Possession of a knife at school could be a violation of Arizona Law (ARS §13-3102(A)(12)). It can be a felony or misdemeanor depending on the circumstances. If a student is charged with this crime, he/she has the right to a trial, the right to a lawyer and the right to have the state prove the offense beyond a reasonable doubt. Basically, a child has all of the constitutional rights that an adult does with the exception that the trial is before a judge (no jury trials for juveniles in AZ) and there is no right to post bond to get released from detention.


    Comments
    1 thru 3 of 3 comments    [ 1 ]   
    On 05/31/07
    Scott from VA said:
    Im 14 and took a knife to school , I forgot it was in my pocket and a boy got scartched alittle on the hand and now im in trouble.What can they do to do ..
    On 05/29/03
    Andy from MI said:
    i am in a debate at school, i was wondering what your opens are on this question: Do you think persons under the age of 18 who are accused of crimes shouls have the same due process rights as adults? Why or why not?
    On 01/16/03
    garrett from TX said:
    I am in debate and the topic is should due process rights be valued over homeland security and i would just like to say this gives me evidence to help prove my case(either way i go).
    1 thru 3 of 3 comments    [ 1 ]   



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