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Thread: Investigating Juveniles
11-25-06, 07:34 AM #1
In a legitimate criminal investigation (NOT just egging a house or shooting off fireworks, but a serious crime)...................
In Nebraska, we are required by law to mirandize both the juvie we're interviewing as well as the parents or legal guardians. The juvie can agree to talk, but the parents can refuse. The parents as well as the attorney are not only allowed, but recommended to be present during questioning (they are required to be present if the kid is under sixteen). We are also required to "detain them without restraining them". This means that, unless it is a violent felony and they are endangering themselves or others, we cannot handcuff them or lock them in an interview room. We also are not allowed to hold them in a facility where they might possibly have any contact with adult inmates (sight and sound separation). These rules are not the same, however, for traffic infractions. By signing the waiver form to obtain their license, they are waiving their rights to juvenile protections in the case of DUI, Reckless Driving, etc. How are these things similar or different in your areas? I would especially like to hear from our homies in Australia and England on this. Does all that crap make sense?
***Thought about posting this in Ask-A-Cop, but I'm not just asking cops. What is EVERYONE's experience with this stuff?
11-25-06, 07:50 AM #2
Thats about identical here in Louisiana,I hate dealing with juvis,cause sometime I just get the urge to backhand them and ask "wtf were you thinking?."Thank gawd we have juvi.investigators we can shove the deep doo doo ones off on.
11-25-06, 08:14 AM #3
In NC they are considered an adult for criminal procedures at the age of 16. Below that you have certain rights for certain ages etc. Its a pain in the but I agree.
I think for a true Juvenile we can reduce the workload and paperwork down to half a page. It would be called the "why I whooped (spanked) his ass on the side of the road" report. One copy to the parents and one copy gets filed at the station. If the parents wont do it, by god I would be happy to. (yes this is partly a joke, and partly not. Alot of these kids just need some dicipline and a good honest spanking)."An Unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Jeff Cooper
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11-25-06, 10:38 AM #4
I work with juvs on a daily basis through my unit. We can mirandize juveniles with or without parent present. Majority or their charges are charged at teh juvenile level unless it is their second offense or serious charge, murder etc. Also, our juveniles are required to restrained like every other prisoner that we investigate/charge. As for the jails, they usually are kept in juvenile detention. But if they are already emancipated, they go across the street to the big boys!!
11-25-06, 10:57 AM #5
We can't mirandize juveniles, a juvenile officer has to do it. But we can handcuff them. We also cannot lock them up
11-25-06, 11:16 AM #6
Here is an artice on the Gladys R decision which is really the landmark decision in dealing with juveniles. http://www.abanet.org/crimjust/juvjus/12-2shep.html
In Ca we do have to Mirandize, we dont have to permit the parents to be present during questioning. Under California law, we can arrest a juvenile for misdemeanors NOT comitted in our presense. The PC standard is the same as a felony.
11-27-06, 10:47 AM #7road dirt
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for us in Ohiowe pretty much treat them like adults. fingerprinting and photographing them are a little more strict. Wehn it comes to questioning SOPs dictate we try to have a guardian there, but the juvenile is the one who is Mirandized and the parent can only suggest their child have an attorney, the child actually has to request it before we stop questioning. that's straight from the prosecutor's office
11-27-06, 02:19 PM #8
When I was 12, my Father was arrested and jailed. Clayton County at the time did not have an emergency shelter so they put homeless juvies in RYDC. (Kiddie Jail)
When I was taken to my custody hearing, I was handcuffed to a female inmate and driven there in the back of a Deputies car.
So unless something hasd changed here, I imagine that juvies can be cuffed, detained, etc, just like an adult.
GA officers, feel free to correct me if I'm wrong. This was a long time ago after all.dlefdal said:
Ummmm, what if I don't like thumbs in my butt?
11-27-06, 03:19 PM #9Corporal
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I think that's why there always must be at least one door unlocked at all times at the Juvenile Justice Center here in Sarpy County, eh?
But if a juvenile does attempt to leave through that unlocked door they'll be slapped with felony escape... if I remember correctly?
11-27-06, 03:43 PM #10
In Wisconsin, we Mirandize W/O parents being present, but ANY interviews with a juvenile suspect are audio recorded, and video recorded if possible. We are not required to have parents present during questioning.For the morning will come. Brightly will it shine on the brave and true, kindly upon all who suffer for the cause, glorious upon the tombs of heroes. Thus will shine the dawn.
11-27-06, 04:42 PM #11
Oh boy, I don't know whether I want to even go here or not.
11-27-06, 04:55 PM #12
11-27-06, 05:34 PM #13
11-27-06, 07:06 PM #14
In the UK, offenders under the age of 17 are arrested and cautioned and conveyed to a police station the same as adults. However once in the Custody Block they have to have an appropriate adult present, for interviewing, fingerprinting, photographing, and DNA testing. Their rights are read to them in the presence of the Appropriate Adult and in interview they again Cautioned. The Appropriate Adult does not have to be a parent, although the parents will be informed. Some parent's are not considered Appropriate Adults, particularly if they have attempted to provide an alibi for their child. If no other relative or friend is able to act as an Appropriate Adult, we would use a member of the Youth Offending Team. The Appropriate Adults role is purely to assist in the communication between the us and young offender and to ensure that their rights are not being "abused" and they are treated properly. The Appropriate Adult can advise the child to take legal advice.
Offenders under the age of 17, who are charged, go to Youth Court for sentencing, and then on to a Young Offenders Institute. If they reoffend after turning 17 they go to the Big Boys Prison! Different ball game completely and a real reality check!Never approach a bull by the front, a horse from behind, or an idiot from any direction.
11-27-06, 07:57 PM #15
I have a worse story than going to jail for doing nothing wrong. Before they put you in a foster home here, you have to get a pschological evaluation. So on my school records it shows that I spent 3 weeks in Georgia Regional. (State run nut house.)
I had a lot of splainin to do when I went into the Army.dlefdal said:
Ummmm, what if I don't like thumbs in my butt?
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