Minors in General.

Under the law, minors are treated differently from adults in many situations. Certain rights may not apply to minors in quite the same way as they apply to adults. Very young children are not criminally liable, and older children are accorded different treatment from adults for criminal acts.

Apart from the criminal law, minors may be subject to more, and different, controls on their behavior than adults. Minors must have parental permission to do certain things. Although minors can own property, it is often necessary that a guardian hold and manage such property. The right of minors to enter into contracts is limited. The ability of minors, especially very young children, to act as witnesses in court is limited.

Constitutional Rights of Minors. With a few major exceptions, minors have the same constitutional rights as adults. Minors do not have complete freedom of speech and assembly under the First Amendment to the United States Constitution. Minors cannot freely keep and bear arms. Searches and seizures which would be unconstitutional if they involved an adult may be constitutional when they involve a juvenile. A minor does not have the right of jury trial in juvenile proceedings.

Contractual Rights of Minors. With some exceptions, minors do not have full rights to enter into contracts. If a minor does enter into a contract with an adult, the contract may be canceled or honored at the minor’s option. Finally, there are some situations where a minor can enter into a binding contract and not have the right of cancellation. These situations generally involve contracts for “necessaries”. As stated above, necessaries are generally defined as food, clothing, shelter, and medical care. The minor’s parents may be held liable on contracts for necessaries.

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