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 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 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 In re G.E., 879 A.2d 672 (D.C 2005)  The Court held that a police officer violated Miranda (1966) and Edwards (1981) when he asked, “Are you sure?” after juvenile asserted his right to counsel Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 13-26 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Juvenile Confessions  The juvenile must be taken before a magistrate within a reasonable period of time  An arraignment within the same day has been held to be reasonable Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 13-27 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Juvenile Fireplay  Juvenile fireplay results from curiosity about and fascination with fire Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 13-28 Most common among children and adolescents  The damage caused is not maliciously inspired  © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Juvenile Firesetting  Firesetting is the willful action with a higher level of intent to use fire as a weapon and an instrument of power; it is intended to achieve a goal Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 13-29 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Arson   Arson is a crime frequently committed by juveniles Approximately half of arrests for arson involve a juvenile Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 13-30 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Sexual Offending  Almost one third of arrests for sex offenses involve a juvenile Males are the most frequent offenders  Female sexual offending is highly underreported  Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 13-31 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Juvenile Sexual Offenders  Approximately one half of adult sexual offenders began their abusive behavior as juveniles Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 13-32  Juvenile offenders are often victims also © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 Steps to Interviewing a Suspected Juvenile Sexual Offender       Introduction — establish credibility Rapport building — establish a relationship Background — determine educational level, linguistic comprehension, understanding of the process and mental health issues Allegation — avoid legal language Questioning — what and where the event took place Closure — avoid alienating the juvenile Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin 13-33 © 2007 Pearson Education, Inc Upper Saddle River, NJ 07458 ... 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. .. 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... 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