Juvenile Custodial Interview Procedure

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Questions and Answers

What is the primary consideration when dealing with juvenile offenders, victims, and witnesses?

Release to parent or parents, custodian, or responsible adult

Using the least coercive methods possible (correct)

Referral to JAC

Using coercive methods to obtain a confession

What is a factor considered when determining if a juvenile is capable of understanding their rights?

The juvenile's social media history

The juvenile's financial status

The juvenile's age (correct)

The juvenile's occupation

What is necessary for a juvenile to waive their rights?

The juvenile's understanding of their rights (correct)

A lawyer's presence

The juvenile's signature on a document

Parental consent

What should be included in the investigative report, if possible?

The factors considered in determining the juvenile's ability to understand their rights Signup and view all the answers

What is the primary responsibility of the deputy when dealing with juvenile offenders?

To clearly demonstrate that the juvenile's rights were properly given and understood Signup and view all the answers

What is an option for handling juvenile offenders?

Outright release with no further action to parent or parents, custodian, or responsible adult Signup and view all the answers

What is required of the deputy when explaining the juvenile justice system procedures to juveniles?

The deputy must explain the procedures clearly and in a way the juvenile can understand Signup and view all the answers

What is necessary for a juvenile's statement and cooperation to be admissible?

The statement and cooperation were made freely and voluntarily Signup and view all the answers

What should deputies do when taking a juvenile into custody for a criminal violation?

Make a reasonable effort to notify the juvenile's parent or legal custodian of the charges and location Signup and view all the answers

What should be included in the notation in the Event Report and/or investigative action report?

Pertinent contact information, including name, time, and response of the parent or custodian Signup and view all the answers

When should constitutional rights be given to a juvenile?

Before any interview Signup and view all the answers

What is the purpose of the Statement of Rights form (BSO RP#17)?

To fully execute the juvenile's rights Signup and view all the answers

Who should witness the Miranda warning if it is given verbally?

A second deputy Signup and view all the answers

What is the goal of the interview process?

To conduct an interview of a reasonable duration using a minimal number of deputies Signup and view all the answers

What should deputies document in the Event Report and/or investigative action report if notification is not made with the parent?

The attempts made to notify the parent Signup and view all the answers

Why should deputies inform the suspect and any parent or custodian present of BSO and juvenile justice procedures?

To ensure the suspect and parent or custodian are aware of the procedures related to their case Signup and view all the answers

Study Notes

Custodial Interview of Juvenile

Deputies must make a reasonable effort to notify the juvenile's parent or legal custodian of the charges and location before any interview.
Notification includes at least a telephone call to the parent's home and place of employment.
The interviewing deputy must inform the suspect and any parent or custodian present of BSO and juvenile justice procedures.

Documenting Notifications

Deputies must note in the Event Report and/or investigative action report that notification was made to the juvenile's parent or legal custodian.
The notation must include pertinent contact information (name, time, etc.) and the response of the parent or custodian.

Constitutional Rights

Constitutional rights (per Miranda decision) must be given before any interview.
If possible, these rights should be given in the presence of the parent or legal custodian.

Executing Rights

The Statement of Rights form (BSO RP#17) should be fully executed by the questioning deputy and subject juvenile.
If Miranda is given verbally, it must be witnessed by a second deputy and properly documented in the deputy's report.

Interview Procedures

Interviews will be of a reasonable duration using a minimal number of deputies to conduct the interview.
The least coercive methods possible will be used to complete the assigned case.

Consent of the juvenile's parent, legal custodian, or caretaker is desired but not essential.
The juvenile's capacity to understand their rights and significance will be considered, including factors such as age, marital status, education, and intellectual level.

Handling Juvenile Offenders

Juvenile offenders will be handled in one of the following ways:
- Outright release with no further action to parent or parents, custodian, or responsible adult.
- Juvenile referral with release to parent or parents, custodian, or responsible adult.
- Juvenile referral to JAC.

Burden of Proof

The deputy must clearly demonstrate that:
- Constitutional rights were properly given.
- Juvenile justice system procedures were explained to juveniles.
- Juveniles understood their rights.
- Juveniles waived their rights knowingly and intelligently.
- Juveniles' statement and cooperation were made freely and voluntarily.

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Description

Standard operating procedure for law enforcement officers when interviewing a juvenile in custody, including notification of parents or legal custodians.