NCJ Number
107918
Journal
Journal of Juvenile Law Volume: 9 Issue: 2 Dated: (1985) Pages: 337-343
Date Published
1985
Length
7 pages
Annotation
The two tests that have evolved to determine the validity of a juvenile's waiver of the rights to remain silent and to be represented by counsel reflect the conflicting concerns about juvenile crime, on the one hand, and the need to protect rights, on the other.
Abstract
In the past, many jurisdictions have used the 'interested adult' rule, whereby no juvenile can waive these rights without the opportunity to consult with an adult who is both informed of the rights and concerned about the youth's welfare. This rule has given way in most jurisdictions to a less exclusionary practice, based on the 'totality of the circumstances.' Under the new test, all the facts and circumstances are considered in determining whether a juvenile's confession was given knowingly and freely. Compelling reasoning underlies both tests. Proponents of the second test contend that the 'interested adult' rule would result in heavy administrative and financial burdens and argue that the 'totality' rule can take special circumstances into account. Courts favoring the 'interested adult' rule emphasize the need for explicit safeguards for juveniles. New Hampshire's Supreme Court has tried to merge the best qualities of both tests, by stating the factors that make up the totality of the circumstances and by supplying a model printed form for waiving rights. 22 footnotes.