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McKeiver v. Pennsylvania

The Rights Of Minors



The definition of "minor" has changed from time to time and place to place in American history. Before the passage in 1971 of the Twenty-sixth Amendment, which gave the the right to vote to 18-year-olds, 21 was considered the age of majority. Differing laws have created odd situations: in some states people can get married--perhaps the greatest commitment in life, aside from having children--at 14, but they have to wait until 16 to drive a car. At 17 they can join the military and die for their country, but they have to wait a year to vote, four years to drink, and (in many states) eight years to rent a car.



Equally inconsistent are ideas about the rights of minors. Some legal scholars treat "rights" in terms of alleged obligations on the part of adults to provide children with food, clothing, or education, or to otherwise satisfy their needs. Generally, the American legal system gives children fewer rights, but also holds them less accountable for their actions, than it does adults. Thus courts typically defer to parents, if not school authorities, in legal disputes over autonomy; but on the other hand juveniles--either as offenders, victims, or witnesses--often enjoy anonymity in criminal situations.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972McKeiver v. Pennsylvania - Significance, The Due Process Clause, The Rehabilitation Of Youthful Offenders, Courts Granting More Rights