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- Title
Juveniles' Right to Counsel during Police Interrogations: An Interdisciplinary Analysis of a Youth-Specific Approach, with a Particular Focus on the Netherlands.
- Authors
Liefaard, Ton; den Brink, Yannick van
- Abstract
The right to counsel of juveniles at the stage of police interrogations has gained significant attention since the Salduz ruling of the European Court on Human Rights in 2008. The legislative and policy developments that have taken place since then and that are still ongoing - both on a regional (European) and domestic (Dutch) level - reveal a shared belief that juvenile suspects must be awarded special protection in this phase of the criminal justice proceedings. This calls for a youth-specific approach as fundamentally different from the common approach for adults. At the same time, there seems to be ambivalence concerning the justification and concrete implications of such a youth-specific approach. This article aims to clarify the underlying rationale and significance of a youth specific approach to the right to counsel at the stage of police interrogations on the basis of an interdisciplinary analysis of European Court on Human Rights case law, international children's rights standards and relevant developmental psychological insights. In addition, this article aims to position this right of juveniles in conflict with the law in the particular context of the Dutch juvenile justice system and provide concrete recommendations to the Dutch legislator.
- Subjects
NETHERLANDS; JUVENILE offenders; POLICE questioning; EUROPEAN Court of Human Rights; CRIMINAL procedure; JUVENILE justice administration
- Publication
Erasmus Law Review, 2014, Vol 7, Issue 4, p206
- ISSN
2210-2671
- Publication type
Article