CH 24 - Questioning Juveniles Flashcards
The voluntariness of questioning juveniles is based on
The totality of the circumstance
What factors come into play when looking at voluntariness of juvenile questioning
- characteristics of juvenile
- police conduct
Two parts for a valid Miranda waiver for juveniles
- rights properly communicated
- parent or interested adult present
Age 14- 17 need a ——— opportunity to consult
Meaningful
Age 12-13 need an ——— opportunity to consult
Actual
Custody is examined from whos perspective
Childs - even if parents present
Case - police interview 13 year old at school and principal pressures kid to confess
Need parent and Miranda
What is a key factor for juvenile miranda
Age
Case - buzzer into a police station implies locked area
- Miranda needed
Case - juvenile about to be bailed asks for advice and officer says you need to clean up your act or you’re going to get in trouble - they provide info on the case
No Miranda needed not interrogation
Can juveniles be held for questioning if court is open
No- bring them to be arraigned
Do juvenile corrections and treatment officers need to provide Miranda?
Yes regardless of police involvement
Do teachers and school administrators have to provide Miranda
No - unless agent of the police (reporting policy does not make them an agent)
Case - school fight and suspect are interviewed by principle who calls police weeks later for charges
No Miranda needed
Who’s responsibility is it to get the correct age of juvenile in the field
Police - if they do not and it’s wrong then it can be tossed
