NCJ Number
91203
Journal
Journal of Family Law Volume: 21 Issue: 4 Dated: (1982-83) Pages: 725-743
Date Published
1983
Length
19 pages
Annotation
A juvenile's waiver of his or her constitutional rights requires close scrutiny by the court with an eye toward additional safeguards to equalize the position between the child and the police. Parental presence at the time of the waiver decision is the type of safeguard which is consistent with the U.S. Supreme Court's decision in Gault.
Abstract
In Gault, the U.S. Supreme Court clearly indicated that juveniles have constitutionally protected rights in the context of processing by the juvenile justice system. In holding that the fifth amendment privilege against self-incrimination is applicable to juveniles, the Court explicitly stated that the waiver of this right may require different considerations from those involved in the waiver of the privilege by adults. Specifically, the Court held that the technique of accepting a child's waiver may depend upon the presence of parents. The paper examines two pre-Gault decisions which involve the Court's handling of juvenile confessions, although in both cases, the juveniles were prosecuted as adults. In addition, the State courts' application of the principles derived from the Supreme Court's decisions is analyzed. The impact of the Court's decision in Fare v. Michael C. is also considered. A total of 87 footnotes are provided.