NCJ Number
44239
Journal
Boston University Law Review Volume: 57 Issue: 4 Dated: (JULY 1977) Pages: 778-795
Date Published
1977
Length
18 pages
Annotation
RECOMMENDATIONS REGARDING PROTECTIONS FOR JUVENILES DURING CUSTODIAL INTERROGATION AND POLICE SEARCHES ARE EXAMINED FROM CONSTITUTIONAL AND PUBLIC POLICY POINTS OF VIEW.
Abstract
IN ITS VOLUME ON POLICE HANDLING OF JUVENILE PROBLEMS, THE JUVENILE JUSTICE STANDARDS PROJECT RECOMMENDS THAT JUVENILES RECEIVE THE ASSISTANCE OF BOTH PARENTS AND COUNSEL DURING CUSTODIAL INTERROGATION IN ORDER TO PREVENT CONFESSIONS THAT ARE NOT VOLUNTARILY AND INTELLIGENTLY MADE. THE PROPOSED STANDARDS ALSO SUGGEST THAT, PRIOR TO A POLICE SEARCH BASED ON CONSENT, JUVENILES SHOULD RECEIVE CERTAIN WARNINGS NOT AVAILABLE TO ADULTS. THE GENERAL CONSTITUTIONAL FRAMEWORK USED BY THE U.S. SUPREME COURT IN EXTENDING TO JUVENILES CONSTITUTIONAL RIGHTS AT TRIAL IS ANALYZED. THE MANNER IN WHICH THE STANDARDS' RECOMMENDED PROCEDURES WITH REGARD TO FOURTH AMENDMENT AND FIFTH AMENDMENT PROTECTIONS FOR JUVENILES IN PREADJUDICATORY CONFESSIONS AND CONSENT SEARCHES DEPART FORM EXISTING POLICE PRACTICES IS DISCUSSED. CONSTITUTIONAL AND PUBLIC POLICY ARGUMENTS FOR ADOPTING THE RECOMMENDED PROCEDURES ARE PRESENTED. IT IS SUGGESTED THAT, WHEN A JUVENILE ENJOYS THE SAME CONSTITUTIONAL GUARANTEES AS AN ADULT, HE MUST RECEIVE THE SAME DEGREE OF PROTECTION REGARDLESS OF THE NEED TO USE DIFFERENT PROCEDURES IN ORDER TO GUARANTEE THAT PROTECTION. IT IS CONCLUDED THAT THE CONSTITUTION REQUIRES THAT A JUVENILE'S PARENTS BE PRESENT DURING CUSTODIAL INTERROGATION AND THAT A CHILD MUST BE ADVISED OF HIS RIGHT TO REFUSE CONSENT FOR A SEARCH. IN ADDITION, POLICY CONSIDERATIONS REQUIRE THAT A JUVENILE CONSULT WITH AN ATTORNEY PRIOR TO POLICE QUESTIONING AND HAVE A RIGHT TO COUNSEL IN THE DECISION TO CONSENT TO A SEARCH. (AUTHOR ABSTRACT MODIFIED).