Smart talk contemporary interviewing and interrogation by gosselin ch13

Juvenile Rights and Police
Responsibilities

Chapter 13

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-1

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Parens Patriae


The power of the State to act
on behalf of the child and
provide care and protection
equivalent to that of a parent,
sometimes over the objection
of the parent

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-2

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458

What is a Juvenile?


Under Federal Law




A person who has not yet
attained his 18th birthday

Specified by state statutes
Typically 17 or 18 years old
 Can be younger


Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-3

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Age of Criminal Responsibility


The Infancy Rule is the minimum
age at which a child may be
charged with a criminal act
Under common law children under
the age of 7 are presumed to be
without the ability to form intent
 The age varies from state to state


Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-4

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Juvenile Offending


The vast
majority of
juvenile
offenders enter
the justice
system through
law enforcement
agencies

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-5

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Status Offense


An act that
would not be a
crime if it was
committed by an
adult; it is illegal
only because
the child is
under age

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-6

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458

Juvenile Delinquency


The violation of a law of the
United States committed by a
person prior to his 18th
birthday which would have
been a crime if committed by
an adult

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-7

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Due Process and the Juvenile


Kent v. U.S. (1996)


One of the first Supreme Court
cases that addressed juvenile
rights
 Confined to the issue of waiver
proceedings

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-8

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Kent v. United States, 383
U.S. 541 (1966)




The Supreme Court held that the
Juvenile Court's latitude in determining
whether to waive jurisdiction is not
without limitations. It necessitates the
basic requirements of due process and
fairness, as well as compliance with the
statutory requirement of a “full
investigation.” Pp. 552-554.
The parens patriae philosophy of the
Juvenile Court "is not an invitation to
procedural arbitrariness." Pp. 554-556.

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-9

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Kent v. United States (cont.)


The Juvenile Court Act requires “full investigation,”
and makes the Juvenile Court records available to
persons having a “legitimate interest in the
protection . . . of the child. . . .” These provisions,
“read in the context of constitutional principles
relating to due process and the assistance of
counsel,” entitle a juvenile to a hearing, to access
by his counsel to social records and probation or
similar reports which presumably are considered by
the Juvenile Court, and to a statement of the
reasons for the Juvenile Court's decision sufficient
to enable meaningful appellate review thereof. pp.
557-563.

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-10

© 2007 Pearson Education, Inc.

Upper Saddle River, NJ 07458


In re Gault (1967)
The most significant case in
juvenile justice history
 Due process rights and the
Fourteenth Amendment apply to
juveniles facing possible
commitment
 Currently the Bill of Rights is not
applicable to those under 18


Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-11

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


In re Gault, 87 U.S. 1 (1967)




Gerald Gault, a 15-year-old was arrested
in Arizona when he and a friend made

several lewd telephone calls to a
neighbor, Mrs. Cook. After a complaint by
Cook, Gault was taken into custody by
the Sheriff of Gila County.
At the time of his detainment, Gault's
parents weren't home and they were
never notified of their son's arrest.
Worried that their son was not at home
that evening, they searched for their
missing child and learned of the arrest
through a friend of Gerald's.

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-12

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


In re Gault (cont.)






The judge sentenced Gault to be committed to the
state industrial school for 6 years until he turned

21. An adult charged with the same crime would
have received a maximum of a 50-dollar fine and
two months in jail.
Gault's lawyers filed a writ of habeas corpus, but
were denied by both the Superior Court of Arizona
and the Arizona Supreme Court. The case was
then taken to the U.S. Supreme Court where
Gerald's counsel argued that the juvenile code of
Arizona under which he was found delinquent was
invalid because it denied due process rights.
This decision is critical for the application of
juvenile justice in this country. From this point
forward, due process rights and privileges afforded
to adults now must be extended to people under 18
as well.

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-13

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


In re Gault (cont.)


Standard trial procedures were not followed with
Gerald Gault, and due process protections were

not abided by. At the trial, Gerald's father was not
present and neither was the complainant, Mrs.
Cook. Officer Flagg, the arresting officer, filed a
petition with the court on the day of the hearing,
June 9, 1964, which was not seen by anyone
until the habeas corpus hearing on August 17,
1964. Other procedural guidelines were thrown
out as well. For example, no one was sworn in
and the trial was not recorded.

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-14

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Questioning a Juvenile NOT
in Custody




Juveniles can be approached
informally and asked questions
without a parent being present
Standard police procedure should
include the interviewing of children

during response to domestic
disputes

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-15

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Two Settings to Settle
Complaints Against Juveniles


Field Examination




Typically occurs during minor
complaints against the juvenile
which are resolved in an informal
sanction

Station Investigation


Typically involves a more serious

offense or an uncooperative juvenile

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-16

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Interrogating the Juvenile




Questioning the juvenile
should be private and
free of distraction
whenever possible
Avoid questioning him or
her in a public place
where there is an
increased possibility of
embarrassment or anger
at being seen

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-17

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Factors that Negatively Affect
Custody






Early morning or late evening
demands to report to the police
station
An interrogation where the juvenile
is not appropriately clothed, is
denied food or water
Promises to let the suspect go if a
confession is provided

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-18

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458

Yarborough v. Alvarado, (2004)


Supreme Court ruled:


The Miranda test for determining
custody is an objective rule that
does not require subjective
determinations
 The method for determining
custody for the purposes of
providing the Miranda warnings
apply to both juveniles and
adults

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-19

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Questioning a Juvenile IN
Custody


Provide Miranda
rights




Obtain waiver
from a parent
when required

Record
confessions when
required

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-20

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Temporary Custody


A child may be taken into
protective or temporary custody
without a warrant in emergency

situations or if the officer believes
that leaving the child would subject
him or her to further abuse or harm


This is not an arrest

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-21

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Fourth Amendment
Considerations






Supreme Court has extended the search
and seizure protections of the Fourth
Amendment to juveniles. New Jersey v.
T.L.O., 469 U.S. 325, (1985).
It has also been held that the Fourth
Amendment requires that a juvenile

arrested without a warrant be provided a
probable cause hearing. Moss v. Weaver,
525 F. 2d 1258 (5th Cir. 1976)
The exclusionary rule also applies to
federal delinquency adjudications. United
States v. Doe, 801 F. Supp. 1562 (E.D.
Tex. 1992)

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-22

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Fifth Amendment
Considerations


Juveniles are entitled to Fifth
Amendment protection against
self-incrimination in juvenile
proceedings despite the noncriminal nature of those
proceedings

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-23

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


Right to Counsel


Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-24

Juveniles are
entitled to the
protections
afforded under the
Miranda decision,
including the right
to counsel during
custodial
interrogation

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458


A Juvenile May Waive…






A majority of states require that a
waiver of the right to counsel be
made by both the juvenile and a
parent to be valid
Other states require the
“opportunity” for consultation after
age 14
Several states prohibit or limit
waiver of counsel by juveniles

Smart Talk: Contemporary Interviewing and Interrogation
By Denise Kindschi Gosselin

13-25

© 2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458