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.
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