Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Juvenile Law > Ch.24 Questioning Juveniles > Flashcards

Ch.24 Questioning Juveniles Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Why are there added protections to juvenile Miranda?

A

Most juveniles don’t understand the significance of these rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When determining the voluntaries of juvenile statements, the court looks at the

A

Totality of the circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The two key factors when determining voluntaries for juvenile statements are

A
  1. Characteristics of the juvenile.
  2. Police conduct.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When determining voluntary juvenile statements, characteristics of the juvenile include (6)

A

Age
Experience with the system
Education
Intelligence
Alcohol or substance abuse at time of statement
Physical condition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When determining voluntariness of juvenile statements, police conduct includes (5)

A

Number of officers
Tone of interview
Offer food or drink
Adherence to Miranda requirements
Existence of improper tricks or promises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Does the public safety exception to Miranda apply to juvenile?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

For valid, Miranda waiver rights must be properly _______and ______must be present

A

Communicated
Parent or interested adult

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The only exception to juvenile Miranda is for highly sophisticated youth, at least age ___

A

14

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Proper consultation that is afforded prior to a juvenile Miranda waiver is an actual opportunity for ages ____ or ____

A

12 or 13

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Proper consultation that is afforded prior to a juvenile Miranda is a meaningful opportunity for ages ___ -___

A

14-17

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Providing an actual opportunity means that police _________ _________ consultation

A

Activity encourage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Providing a meaningful opportunity means that police ________ _______ to consult

A

Provide chance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

_____ is a key factor in determining whether a child is in custody for miranda

A

Age

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When a parent is present custody is examined from perspective of

A

Child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Can a juvenile who is under arrest be held and questioned at the police station if juvenile court is open for arrangement

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Age is a key factor in determining whether _____ took place

A

Interrogation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Do juvenile corrections and treatment officials have to provide Miranda

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Do school administrators and teachers have to provide Miranda

A

No, unless they serve as an agent of the police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Is an assistant Director of a private home contracted by DYS obligated to provide Miranda

A

Yes

20
Q

Does a school policy to provide information to the Police transform school officials into police agents?

A

No

21
Q

Are juveniles entitled to parent consultation before answering questions from school official

A

No

22
Q

Will the failure to have a parent or adult present to assist a child 13 or under invalidate a Miranda waiver

A

Yes

23
Q

Does the fact that juvenile had previous contact with the police and authorities by itself demonstrate “unusual sophistication” about Miranda rights?

A

No

24
Q

Who is the burden on to prove a juveniles age for Miranda

A

Police in the field

25
Q

Are foster parents considered interested adults for juvenile Miranda

A

Yes

26
Q

Are foster parents agents of the police

A

No

27
Q

An interested adult must be at least ___ years old

A

18

28
Q

Helping or interested adult must not be physically or mentally ________ or _________when advising juvenile

A

Incapacitated
Under the influence of alcohol or drugs

29
Q

A father was sober and paid attention to Miranda rights, but was later described as “dazed” and “out of it” did this nullify his ability to properly advise his son

A

No

30
Q

Was a mother sufficiently involved in helping her son regarding Miranda if she did not speak English and left the room at one point

A

Yes

31
Q

An interested adult must be in a position to act as an ________

A

Advocate

32
Q

Why can’t a Director of a private DYS detention facility Serve as an interested adult

A

Because he has a duty to inform police of any illegal activity

33
Q

Juvenile is questioned regarding the murder of his father, mother and sister and had ample time to consult with interested adult, his aunt. Does the fact that his aunt was the sister of a victim prevent her from acting as interested adult?

A

No

34
Q

Does the fact that a father argued and fought with his son mean he can’t be an interested adult

A

No

35
Q

Can adult wave a juveniles rights over his objection

A

No the rights belong to the juvenile

36
Q

Does the interrogating officer have to explicitly tell the adult that they are being given the opportunity to confer with the juvenile about his rights?

A

Yes they should

37
Q

After reading the rights, the interrogating officer should offer the juvenile and adult a chance to :

A

Confer in private

38
Q

Should the recording device be shut off when a juvenile and adult are conferring in private?

A

Yes

39
Q

When a juvenile and adult are conferring in private, when should the recording device be turned back on?

A

When the adult comes outside the room and indicates they’re done speaking privately. Police should turn the device back on when they enter

40
Q

Can Police tell juvenile and adult to stop texting each other during their private consultation?

A

No

41
Q

Is the juveniles waiver “voluntary and knowing” even if the adult does not understand the warnings

A

No

42
Q

If left with no other alternative, can juvenile consult with interested adult over the phone

A

Yes

43
Q

Parents may not testify against their minor children and minor children may not testify against their parents in any criminal proceeding in which the victim is a not a ________ and does not ______in the family household

A

Not a family member
Does not reside in family household

44
Q

For the parent child/privilege regarding testimony does a step parent count as a parent

A

Yes

45
Q

For the parent child/privilege regarding testimony does a legal guardian count as a parent

A

Yes

46
Q

What is the goal of the parent child privilege in testimony?

A

To protect the parent child relationship

47
Q

Unless incarceration is required by law, a judge must consider the defendant status as a primary caretaker of a child under 18 before sentencing. The defense attorney must file a petition within ___ days of conviction in order to trigger the judges assessment.

A

10 days

Juvenile Law (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions