Kids And The Law
> by Jayne Kim

I have many memories from my days as a criminal defense attorney, but one in particular comes to mind when I think about the juvenile justice system. I was reading a police report that contained various accusations of assault and battery against a client whom I was about to meet for the first time. After calling out his name, one boy walked toward me with his head down. Under four feet tall, his small frame was lost in an oversized, orange jumpsuit that read "Central Juvenile Hall" across the front. The boy was 10 years old but no bigger than my 7-year-old nephew. He sat quietly on the bench next to me as I read the police report to him. Afterward, he looked up quizzically and asked, "They can arrest me for that?"

While this lack of sophistication might seem unusual to some people, children may not realize or appreciate the differences between pranks, school fights, misdemeanors or felonies. In addition, parents may not know or understand the possible ramifications of delinquent behavior. For example, do you know what the consequences are for a minor who drinks and drives? What about the liability of parents whose kids vandalize property? Do you know how or when emancipation occurs?

As part of its consumer education efforts, the State Bar of California addresses these questions and many more in an informational guide called Kids and the Law: An A-to-Z Guide for Parents. The guide explains that, in addition to other consequences, minors convicted of DUIs may have their licenses revoked until the age of 18 or even longer; parents may be liable for their children’s acts of vandalism; and emancipation can be a complex process requiring a parent’s consent or acquiescence.

The foundation of the State Bar first developed this educational guide after survey results showed that kids were unclear about certain laws and the consequences of violating them. The guide covers a wide variety of legal topics relevant to parents and minors living in California. Topics include juvenile work permits and taxes, school searches, police encounters, drug possession, gang activity and traffic laws.

It also addresses certain misconceptions that may exist about juveniles and the law. For example, gang membership alone is not against the law but gang-related activity will enhance punishment for acts committed in association with a gang. In California, minors charged with a crime have no right to a jury trial or bail. If taken to a police station or juvenile hall, minors have the right to place two telephone calls to parents or a responsible friend. The guide also provides helpful pointers for when juveniles are approached, questioned or arrested by the police.

KABA encourages the utilization of public resources to increase awareness and understanding of our legal system. KABA also recognizes that through education and community involvement, we can help our children develop the necessary skills and wisdom to become future leaders, teachers, parents and other productive members of society.