# Lewis v. State

> Indiana Supreme Court · October 19, 1972 · 259 Ind. 431

URL: https://www.frixlaw.com/law-library/cases/9861850

## Case

- **Full name:** Douglas Timothy Lewis v. State of Indiana
- **Court:** Indiana Supreme Court
- **Decided:** October 19, 1972
- **Citations:** 259 Ind. 431; 288 N.E.2d 138; 1972 Ind. LEXIS 498
- **Precedential status:** Published
- **Opinion:** Concurrence by Arterburn
- **Judges:** Debruler, Prentice, Arterburn, Givan, Hunter
- **Cited by:** 144 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in B.A. v. State.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9861850

## How later opinions describe it (automated extraction)

- recognizing that child has right to have his parents present during custodial interrogation

## Opinion text

Opinion Concurring in Result
Arterburn, C.J.
I concur in the principles enunciated in the majority opinion as to waiver of the right against self-incrimination and other constitutional rights as they apply to juveniles in criminal cases. I do not agree that they should be extended to cover juvenile proceedings, as might be drawn from the majority opinion. Juvenile procedure is not considered to be criminal in nature. The objective of the juvenile proceeding is informality for the purpose of rehabilitation and *441 reform. If we give the juvenile process all of the characteristics of a criminal trial, including the constitutional privleges of a crminal defendant, we undermine the whole purpose and object of juvenile proceedings. If we do that, we might just as well do away with juvenile proceedings and try all juveniles in the criminal courts where we have the apparatus and procedures sufficiently refined to protect their constitutional privileges.
Our Court, after In Re Gault (1967), 387 U.S. 1 , 87 S. Ct. 1428 , 18 L. Ed. 2d 527 , is unconsciously drifting to the point where juvenile proceedings will have all the characteristics of criminal trials, and we will have lost all the benefits accruing from the non-criminal juvenile process.
Givan, J., concurs.
Note.—Reported in 288 N. E. 2d 138 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9861850. Public record. Not legal advice.