NCJ Number
57965
Date Published
1978
Length
23 pages
Annotation
THE ANOMALY PRODUCED BY JUVENILE LAW IN THAT MINORS MAY RECEIVE LESS PROTECTION BECAUSE OF THEIR AGE THAN THEY WOULD HAVE RECEIVED IF THEY WERE ADULTS IS ADDRESSED IN THIS 1978 ARTICLE. SPECIFIC ACTIONS ARE SUGGESTED.
Abstract
AS HAS BEEN POINTED OUT, 'CONVICTIONS IN THE CRIMINAL COURT TODAY BASED SOLELY AND EXCLUSIVELY . . . UPON AN ADMISSION BY THE DEFENDANT, ARE ON SHAKY GROUNDS AT BEST,' ESPECIALLY IN JUVENILE COURTS. (HAHN, 1971). THEREFORE, IT IS NECESSARY EITHER TO REEVALUATE THE PROCEDURE BY WHICH CONFESSIONS OF JUVENILES ARE OBTAINED OR SET STRICTER REQUIREMENTS FOR THEIR ADMISSIBILITY INTO COURT PROCEEDINGS. PROCEDURAL SAFEGUARDS, INCLUDING MIRANDA WARNINGS, MUST BE ADHERED TO ESPECIALLY SINCE THE COURTS HAVE GENERALLY HELD THAT MIRANDA IS 'APPLICABLE TO CUSTODIAL INTERROGATION OF JUVENILES IN THE PRE-JUDICIAL STATE'. HOWEVER, THE MIRANDA WARNING SHOULD BE ADOPTED TO THE NEEDS OF JUVENILE OFFENDERS. STRICTER CRITERIA SHOULD BE ESTABLISHED FOR A WAIVER OF RIGHTS BY JUVENILES TO BE HELD VALID SINCE JUVENILES OFTEN DO NOT KNOW THE IMPORTANCE OF SUCH CONFESSIONS IN COURT PROCEEDINGS. FURTHERMORE, QUESTIONING MUST ONLY FOLLOW SUCH A COMPETENT WAIVER OF RIGHTS BY JUVENILES AND INTERROGATIONS MUST BE CLEARLY ADVERSATIVE AND JUVENILES MUST NOT BE LED TO BELIEVE THAT THE POLICE OFFICERS ARE THEIR FRIENDS. POLICE SHOULD OBTAIN THE PERMISSION OF JUVENILES' PARENTS OR LAWYERS BEFORE BEGINNING QUESTIONING, AND CONFESSIONS SHOULD BE OBTAINED VOLUNTARILY WITHOUT PHYSICAL OR PSYCHOLOGICAL COERCION. FINALLY, SPONTANEOUS STATEMENTS BY JUVENILES SHOULD NOT BE ACCEPTED AND ADMITTED INTO EVIDENCE WITHOUT QUALIFICATION. APPROPRIATE CALIFORNIA LAWS, COURT CASES, AND U.S. SUPREME COURT CASES ARE EXAMINED. REFERENCES ARE PROVIDED. (KCP).