Juveniles' Right to Counsel during Police Interrogations: An Interdisciplinary Analysis of a Youth-Specific Approach, with a Particular Focus on the Netherlands

Leiden Repository

Juveniles' Right to Counsel during Police Interrogations: An Interdisciplinary Analysis of a Youth-Specific Approach, with a Particular Focus on the Netherlands

Type: Article / Letter to editor
Title: Juveniles' Right to Counsel during Police Interrogations: An Interdisciplinary Analysis of a Youth-Specific Approach, with a Particular Focus on the Netherlands
Author: Liefaard, T.Brink, Y.N. van den
Journal Title: Erasmus Law Review
Issue: 4
Volume: 7
Start Page: 206
End Page: 218
Pages: 13
Issue Date: 2014
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.
Uri: http://www.elevenjournals.com/tijdschrift/ELR/2014/4/ELR_2210-2671_2014_007_004_004
urn:issn:2210-2671
ISSN: urn:issn:2210-2671
Handle: http://hdl.handle.net/1887/31428
 

Files in this item

Description Size View
application/pdf Juveniles Right to Counsel during Police Interrogations_ELR2014_Liefaard_VandenBrink.pdf 244.3Kb View/Open

This item appears in the following Collection(s)