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NCJ Number: 50030 Find in a Library
Title: INTERROGATION OF JUVENILES
Journal: MUNICIPAL POLICE (AUGUST 1978)  Pages:7-9
Author(s): S L WEINBERG
Corporate Author: Municipal Police Institute
United States of America
Date Published: 1978
Page Count: 3
Sponsoring Agency: Municipal Police Institute
Hudson, MA 01749
Format: Article
Language: English
Country: United States of America
Annotation: ESTABLISHED STANDARDS FOR INTERROGATING JUVENILES AND THE RIGHTS OF JUVENILES IN THE INTERROGATION PROCESS ARE EXAMINED.
Abstract: UPON ARRESTING A JUVENILE (A CHILD BETWEEN 7 AND 17 YEARS OF AGE), THE POLICE ARE REQUIRED BY STATUTE TO NOTIFY A PROBATION OFFICER AND THE JUVENILE'S PARENT OR GUARDIAN AND TO INQUIRE ABOUT THE CASE. EVEN IN THE ABSENCE OF THE STATUTORY MANDATE, POLICE OFTEN FIND IT NECESSARY TO INTERROGATE A JUVENILE ABOUT HIS OR HER INVOLVEMENT IN THE COMMISSION OF A CRIMINAL ACT. THE CONCEPT OF THE DUE PROCESS OF LAW HAS BEEN EXTENDED BY THE SUPREME COURT TO JUVENILE COURT PROCEEDINGS, AND THE COURT HAS ESTABLISHED STANDARDS FOR CUSTODIAL INTERROGATIONS. AN IMPORTANT ISSUE IS WHETHER A JUVENILE IS MATURE AND COMPETENT ENOUGH TO MAKE A KNOWING AND INTELLIGENT WAIVER OF HIS OR HER RIGHT TO COUNSELING AND PRIVILEGE AGAINST SELF-INCRIMINATION WITHOUT THE GUIDANCE OF AN INTERESTED AND CONCERNED ADULT. IN ATTEMPTING TO ADDRESS THIS ISSUE, MOST COURTS HAVE GENERALLY HELD THAT MINORS ARE NOT PRESUMED TO BE INCAPABLE OF WAIVING THEIR RIGHTS AND THAT THE AGE OF THE PERSON BEING INTERROGATED IS ONLY ONE FACTOR TO BE CONSIDERED IN DETERMINING WHETHER, UNDER THE TOTALITY OF CIRCUMSTANCES, STATEMENTS SHOULD BE ADMISSIBLE. CASES IN WHICH JUVENILE RIGHTS HAVE BEEN BOTH WAIVED AND PROTECTED ARE CITED. (DP)
Index Term(s): Interview and interrogation; Juvenile due process; Right against self incrimination; Right to counsel; Rights of minors; Standards; Suspect interrogation
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50030

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