Questioning Juv and Delinquency

Question 1

What is the min. age for a highly sophisticated youth to wave his miranda?

Answer 1

14

Question 2

What age must a juvenile have an ACTUAL opportunity to confer with an interested adult vs MEANINGFUL opportunity?

Answer 2

12-13 actual
14 up meaningful

Question 3

Can a juvenile under arrest be held for questioning?

Answer 3

not when juv court is open for arraignment

Question 4

Can a parent wave the rights on behalf of their child to be questioned?

Answer 4

no, the rights are the child’s

Question 5

Can a parent request a private talk with juvenile in the middle of being questioned?

Answer 5

yes

Question 6

What is a juvenile delinquent?

Answer 6

at least 12 but less than 18 who has committed a crime in Massachusetts

Question 7

Can you release an arrested delinquent child to a reputable adult who signs the form?

Answer 7

no, but CRA children can be

Question 8

What is the minimum age placement for an arrested youth to an overnight arrest program?

Answer 8

14

Question 9

What are the custody requirements for an arrested youth?

Answer 9

12 and 13 non secure detention
unlocked multipurpose area
no handcuffing to objects
continuous visual inspection

14-17
max 6 hrs from when confined or cuffed to an object
sight and sound separation from adults
monitoring

Question 10

Can a judge dismiss a delinquency complaint before an arraignment?

Answer 10

yes if it is the best interests of the child

Question 11

how long can a pretrial detention be if a judge orders it from a dangerousness hearing?

Answer 11

120 days
180 superior

Question 12

What is the max age for diversion programs?

Answer 12

18 - must enter at 18 tho
a child not eligible if indicted as a youthful offender

Question 13

WHat is a youthful offender and what age?

Answer 13

14-17 and has done one:
-committed a felony and been DYS
-violated firearms statute
-felony involving infliction/threat of serious bodily harm (not to animals, only people)