AFRICAN-AMERICAN JUVENILE JUSTICE PROJECT (AAJJP)

DO YOUR CHILDREN KNOW THEIR RIGHTS?

AT SCHOOL:

Contrary to what most school districts say, your child has constitutional protections against search and seizure, self-incrimination, cruel and unusual punishment and violation of their rights to due process hearings for suspensions, etc.

4^TH AMENDMENT (Right Against Search/Seizure)

A school official or school police SHOULD NOT search your child (body) unless you are present.  School officials should never remove their clothing or strip search your child.  Your child has the legal right to decline a search in your absence. Further the child has a right to an attorney (call a Public Defender is you cannot afford a fee-based attorney).

5^th AMENDMENT (Right Against Self-Incrimination)

Your child should NEVER provide a written or verbal statement about an incident at the school unless you are contacted by the school official and you have spoken with your child about the incident, and an attorney depending upon the nature of the allegations.  Contact your nearest Office of Public Defender.  Often, the school will use this information against your child in school or court proceeding.  If your child is on probation, DO NOT rely on or trust your child’s probation officer because they do not work for your child, they work for the “system”.  DO NOT VOLUNTEER any information.

When confronted by school police or resource officers, always remain calm, respectful, and polite.  Never runaway and, never talk back, but DO NOT give information about an incident without an attorney and/or parent present.  NEVER tell a child to provide a written statement or recorded statement unless you have contacted an attorney and the attorney is aware of the circumstances. 

6^th Amendment (Right to an Attorney/Lawyer/Counsel)

A child/student can request an Attorney whether or not the parent agrees.  A child can immediately “lawyer-up” and tell the school administrator or officer that they want an attorney.  Parents can agree to use an attorney BUT CANNOT waive their child’s right to an attorney if the child elects to have representation.

AT HOME:

When approached by an officer, be respectful, calm, and polite.  Do not runaway, give a false name, or provide misleading information.  Children DO NOT have to speak with an officer when a parent or guardian does not accompany them.

A child accused of stealing should NOT REMOVE any of their clothing or subject to a strip search.  Mall or store security guards do not have any legal standing to demand a strip search.  Tell your child to call a parent or an adult guardian to witness any questioning or searches.  DO NOT write a statement or give a video or audio statement about an incident.