Law Forum : Children Interrogated Without Parents Present

Discussion in 'Law Forum - Prisons - Gun Ownership' started by Destee, May 25, 2009.

  1. Destee

    Destee destee.com STAFF

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    Peace and Blessings Family,

    Can our children (under 18 years of age) be interrogated by the police, and the stuff they say be used against them, without their Parents being present?

    Do they have a right to ask for their Parents, and that request be immediately honored?

    Do our children know what to do or say, should they find themselves in such a situation?

    :heart:

    Destee
     
  2. $$RICH$$

    $$RICH$$ Lyon King Admin. STAFF

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    Can our children (under 18 years of age) be interrogated by the police, and the stuff they say be used against them, without their Parents being present?

    In some cases they do inforce statements but under age children should have there
    parents present doing such interrogation.

    Do they have a right to ask for their Parents, and that request be immediately honored?

    Yes , but by request is not always carried out ! or honored .

    Do our children know what to do or say, should they find themselves in such a situation?

    Out of fear no ! and this where we as parents need to teach our children how to
    handle such situation.


     
  3. blkbutterfly41

    blkbutterfly41 Banned MEMBER

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    Different states , different rules. More states kids are an adult at age 17 not 18 for interrogation . And depending on the circumstances in some states even at 16.

    And yes, I think as parents we should teach our children how to handle certain situations. Role play is very useful for young teens. Also helps them to keep their composure, stay consistent and use "Yes" and "No" answers only.

    Peace


     
  4. middleTrat

    middleTrat Banned MEMBER

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    Good question
    Its something i've never thoguht about before.

    Police can be so threatening and good at interogations that its easy for an adult to get flustered into saying something stupid let alone a child.
     
  5. cherryblossom

    cherryblossom Banned MEMBER

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    http://criminal.lawyers.com/ask-a-l...n-a-Juvenile-Without-a-Parent-or...-7445.html

    Ask a Lawyer - Archive



    Q.
    Can the police question someone under the age of 18 without a parent or guardian present?


    A.
    Laws concerning police questioning of juveniles vary from state to state. The Supreme Court has held that juveniles who are arrested, like adults, must be given their Miranda rights. It has not held that juveniles can only be questioned in the presence of their parent or guardian.

    Miranda rights apply to interrogations in a custodial setting -- those in which a reasonable person would not feel free to leave. Before asking questions of a detained person, police are required to tell them that they have the right to remain silent, the right to have a lawyer present during questioning, the right to appointed counsel if they cannot afford a lawyer and that if they choose to answer questions, anything they say may be used against them in court. In addition, police must advise that they can stop answering questions and ask to speak to a lawyer at any time during the questioning.

    State laws pertaining to questioning juveniles focus on whether a juvenile is capable of understanding and waiving their Miranda rights when being questioned in a custodial setting. For a waiver of Miranda rights to be valid, the juvenile must have the ability to understand the Miranda warnings, his or her right to remain silent and the consequences of waiving these rights.

    In some states, the law presumes that a juvenile may not validly waive Miranda rights if they are under a certain age or before being afforded the opportunity to consult with a parent or guardian. Examples are Iowa, Kansas, Massachusetts, Montana, New Jersey, New Mexico, and Washington.

    In other states, with limited exceptions, the law presumes a juvenile under a certain age cannot waive his Miranda rights unless a parent, grandparent, guardian or other adult advisor is present during questioning. These include Colorado, Indiana, North Carolina, North Dakota, Oklahoma, and Vermont.

    The remaining states, including your state of West Virginia, and the District of Columbia, use what is called a "totality of the circumstances" test to decide if a juvenile has validly waived his or her Miranda rights. The court considers a variety of factors to determine whether the juvenile's waiver (and any subsequent statements) were made knowingly, intelligently and voluntarily.

    While the factors vary from state to state, they generally include a consideration of personal characteristics, such as age, level of education and mental state, as well as whether a parent or adult representative was present and whether the child has prior experience with the legal system or police. Details of the interrogation are also considered, such as how long it lasted, whether it was accusatory in nature and what kinds of police tactics were used.

    After assessing these factors, the court will decide whether the juvenile's waiver was voluntary and whether the juvenile sufficiently understood both his rights and the consequences of giving them up.



    -- Jeralyn Merritt
    http://www.jmerrittlawoffice.com/
     
  6. HyperKill

    HyperKill Banned MEMBER

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    I think her name is MICHELLE ALEXANDER. She has a book called "the New Jim Crow". The purpose of this treatment of our youth in my view is to instill the 'sinner" mentality in our kids and accustom them to a life of feeling being wrong is right. This is why some kids often shun another kid for being smart. Its society as a whole. But Michelle a black writer talks of how the modern day laws are just meant to marginalize blacks into a permanent second class state.Especially the crack laws. We dont sale or use anymore than whites, yet we are imprisoned more and stuck with convict records. If we dont fight for things such a true juries of our "peers", we are done as a people and will be stuck in this new age Jim Crow for a long tome to come.
     
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