GUARDIANS OF JUSTICE: BALANCING RIGHTS AND PROTECTION IN THE EXAMINATION OF MINORS AND JUVENILE TESTIMONY IN CRIMINAL PROCEEDINGS

Authors

  • Filip Novaković LL.B. in General Law, LL.M. in Criminal Law, student of doctoral studies in law at the Faculty of Law of the University of Zenica. In-house lawyer at Helsinki Citizens’ Assembly Banja Luka, Corresponding Member of the Bosnian-Herzegovinian-American Academy of Arts and Sciences https://orcid.org/0000-0001-9979-5824

DOI:

https://doi.org/10.7251/CEST1524286N

Keywords:

Juvenile Justice, Minors’ Rights, Criminal Proceedings, Testimony Examination, Legal Protections

Abstract

This paper explores the intricate balance between safeguarding the rights of minors and ensuring effective criminal justice in the examination of juvenile testimony within legal proceedings. Focused on the intersection of criminal law and juvenile justice, the study delves into the challenges and ethical considerations surrounding the interrogation and testimonial processes involving minors. The evolving landscape of juvenile criminal justice necessitates a nuanced approach that considers both the developmental vulnerabilities of young individuals and the imperative to uphold justice. The article addresses the fundamental tension between the rights of minors to fair treatment and the societal interest in uncovering the truth. The examination of minors in criminal proceedings requires a delicate balance, considering factors such as cognitive development, susceptibility to coercion, and the potential impact of trauma. The paper critically evaluates existing legal frameworks and proposes innovative strategies to enhance the protection of juvenile rights without compromising the pursuit of justice.

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Published

2024-04-28