Juvenile Interrogation

jdswifey02 · #1 04-22-2002, 08:10 PM

Am looking for ANY information, cases, links to info, etc, etc... about rules about juvenile interrogation.

JD is thinking he may possibly get an appeal based on the fact that he was 14 when police questioned him... he was interrogated for 12 hrs straight (4 pm to 4 am) with no attorney OR parent present and also signed a statement....

He's heard that there have been others who have been imprisoned as adults who have won appeals and been released because of how the police handled matters because they were juveniles at the time...

Any info is MUCH appreciated.... I am new at this so have no idea where to start!!

KConnor56 · #2 06-08-2002, 03:30 AM

I believe hes right, as I think I remember reading about a case or two regarding this subject. Let me research this too & I'll let you know one way or another.

jdswifey02 · #3 06-08-2002, 10:12 PM

Thank you so very much for any help you may be able to give!!

KConnor56 · #4 06-09-2002, 04:24 AM

jdswifey02,

I think I may have found somethings that could help you, or at least get you pointed in the right direction. These are the actual court papers for cases involving people who have brought up interrogation as a juvenile, as a point of their appeals. These cases show you the points of appeal, the existing case law they are using for precedence, the opinions of the judges RE. the appeals. I have found two so far, & will also forward any more I come across. The cases maynot be relevent to your sons case but they site the existing law, & give you a place to start. If you have any problems with the legal mumbo jumbo,or have any other questions, please feel free to E-mail me or post here. This kind of action by the cops really pisses me off. We had a case here where the cops forced a kid to be a rat on his connections, & the dealers kidnapped the kid & his girlfriend. They gang-raped the girl, I believe they either shoot her or stabbed her & threw her out of a car thinking she was dead, but she lived. They killed the boy, & he was only 16. So anything I can do to be of help, I will gladly do.------Ken

PS some of these will be PDF files.

KConnor56 · #5 06-09-2002, 04:33 AM

jdswifey02,

Here's the first case, the facts of the case are different from your sons, but they site alot of case law on the subject, & offer some clarification on what can & can't be done.

OWENS v. BOWERSOX (05/23/02 - No. 00-3738)
Where defendant initiated the contact with police officers which led to
his interrogation and confession, his Sixth Amendment right to counsel
was not violated.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/...th/003738p.pdf

KConnor56 · #6 06-09-2002, 04:41 AM

jdswifey02,

Here is the second case, & again it is a wealth of info on case law, regarding juvenile interrrogation. This one has many resources.

IN THE MATTER OF R.J.H. (05/30/02 - No. 00-1256)
A determination on the admissibility of a juvenile's noncustodial
inculpatory statements, made after a written confession was deemed
inadmissible under state law, gave almost all consideration to the
inadmissibility of the confession, and was not based on the requisite
standard of the "totality of the circumstances."

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/script...001256&invol=1

jdswifey02 · #7 06-09-2002, 02:35 PM

Thank you VERY much for taking your time to do this research!!!! We both appreciate it VERY much....

38special · #8 06-09-2002, 10:38 PM

Ms. jdswifey02:
Go to the law library or a book store by a university. Buy or check-out a law textbook. Most universities have Criminal Justice cirriculum courses. Check out the law and ruling : Brown v. Mississippi. This case is the precedent case for juveniles. It can be your Moses, "Let my people go." Study the clause, "Fruits from a poisonous tree." This is a very valuable phrase." Good Luck..........

38 Special...............

jdswifey02 · #9 06-10-2002, 12:47 PM

Thanks 38!!

KConnor56 · #10 06-10-2002, 05:53 PM

JDswifey,

I found some more info. This link explains juvenile interrogations.

http://supreme.lp.findlaw.com/consti...ment14/17.html

Also if you go to

findlaw.com & do a search for 38 specials case it may come up, also you can search under "juvenile interrogations"

good luck-----Ken

38special · #11 06-12-2002, 12:56 AM

Ms. jdswifey02:
You 're welcome and good luck with your husband and your research. Law is difficult until you understand the wording. A law dictionary will be handy also..........38 Special...