INV-05 Juveniles

Question 1

Under 12

Answer 1

NO CRIMINAL CHARGES CAN BE FILED.

SHALL NOT BE QUESTIONED UNLESS INTERESTED ADULT IS PRESENT.

Question 2

12 & 13 (not reached 14th birthday) Miranda considerations:

Answer 2

CRIMINAL CHARGES CAN BE FILED.

Shall not be questioned unless parent/interested adult present.

MUST HAVE ACTUAL OPPORTUNITY to discuss rights in PRIVATE!

Questioning can only commence when the juvenile and adult indicate they understand the rights and the consequences of waving rights, and when the juvenile expressly waives his rights.

Question 3

Age 14 but not yet reached 18th birthday, (14,15,16,17) Miranda considerations, and a parent or interested adult is not available after reasonable efforts are made to contact them:

Answer 3

Criminal charges can be filed

Only a MEANINGFUL consultation with an interested adult REQUIRED before the juvenile may wave Miranda.

Best practice dictates that the interest adult and juvenile be given the opportunity to confer in private.

However, a statement may be taken, if the juvenile demonstrates high intelligence, experience, knowledge, or sophistication and understanding the Miranda warnings and the consequences of waving rights and express waves rights.

Question 4

Non-custodial juvenile interviews should be conducted in:

Answer 4

The least COERCIVE environment available in accordance with the provisions and guidelines of this policy .