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Section 11.29 Statements of Juveniles
Library | Criminal Practice 2012 Supp |
E. (§11.29) Statements of Juveniles
Juvenile defendants subjected to interrogation are given protection that goes beyond the guidelines set forth in Miranda v. Arizona, 384 U.S. 436 (1966). This additional protection is derived from three sources:
Interpretations of the statutes of the Juvenile Code
Caselaw
The application of the “totality of the circumstances” test, which considers the “inherent weaknesses” of the defendant, including age
The pertinent provisions of the Juvenile Code are as follows:
After a child is taken into custody as provided in section 211.131, all admissions, confessions, and statements by the child to the juvenile officer and juvenile court personnel and all evidence given in cases under this chapter, as well as all reports and records of the juvenile court, are not lawful or proper evidence against the child and shall not be used for any purpose whatsoever in any proceeding, civil or criminal, other than proceedings under this chapter.
Section 211.271.3, RSMo 2000.
When a child is taken into custody with or without warrant for an offense, the child, together with any information concerning him and the personal property found in his possession, shall be taken immediately and directly before the juvenile court or delivered to the juvenile officer or person acting for him.
Section 211.061.1, RSMo 2000.
When a child is taken into custody, the parent, legal custodian or guardian of the child shall be notified as soon as possible.
Section 211.131.2, RSMo 2000.
When a petition has been filed, a child may waive his right to counsel only with the approval of the court.
Section 211.211.8, RSMo 2000.
Additionally, when giving a child the Miranda warnings, the interrogator must warn the child that “he has a right to have a parent, guardian or custodian present during questioning.” Section 211.059.1(3), RSMo Supp. 2004.
Even if a child is charged in juvenile court with what would be a criminal offense if the child were an adult, the juvenile court proceedings are considered civil in nature. This comports with the purpose of the Juvenile Code to facilitate the care, protection, and discipline of the children who come within the juvenile court’s jurisdiction. Section 211.011, RSMo 2000.
In State v. Arbeiter, 408 S.W.2d 26, 30–31 (Mo. 1966), when the juvenile was interrogated in violation of § 211.061, the statements implicating him in a homicide were inadmissible in a later prosecution. A statement a juvenile gave to a juvenile officer was not...
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- Chapter 11 Statements of a Defendant
- Section 11.1 Introduction
- Section 11.2 Formal Discovery
- Section 11.3 Prosecution
- Section 11.4 Defense
- Section 11.5 Necessity for Hearing
- Section 11.6 Generally
- Section 11.7 Advantages of Earliest Objection
- Section 11.8 Waiver
- Section 11.9 Finality of Pretrial Ruling
- Section 11.10 Preserving Objections for Appeal
- Section 11.11 Grounds for Objection and Suppression
- Section 11.12 Involuntariness
- Section 11.13 Actions of Interrogators
- Section 11.14 Inherent Weaknesses of Defendant
- Section 11.15 Miranda v. Arizona : Fifth Amendment Right to Counsel
- Section 11.16 Were Warnings Required?
- Section 11.17 Question of Custody
- Section 11.18 Question of Interrogation
- Section 11.19 Were Warnings Properly Given?
- Section 11.20 Was There a Proper Waiver?
- Section 11.21 Waiver After Assertion of Right to Silence: The Problem of Multiple Interrogations
- Section 11.22 Waiver After Assertion of Right to Counsel: The Problem of Multiple Interrogations
- Section 11.23 Summary of Miranda Analysis
- Section 11.24 Fruits of the Poisonous Tree
- Section 11.25 Massiah v. United States : Sixth Amendment Right to Counsel
- Section 11.26 Scope of Massiah
- Section 11.27 “Volunteered” Statements
- Section 11.28 Waiver of Massiah Rights
- Section 11.29 Statements of Juveniles
- Section 11.30 Statement Not Made
- Section 11.31 Burden of Proof
- Section 11.32 Scope of Proof
- Section 11.33 Finding of Fact
- Section 11.34 Need for Corroboration
- Section 11.35 Rule of Completeness
- Section 11.36 Establishing Foundation
- Section 11.37 Tape Recorded or Videotaped Statements
- Section 11.38 Role of Jury
- Section 11.39 Use of Suppressed Statements at Trial
- Section 11.40 Appeal of Suppression Ruling and Post-Conviction Relief
- Section 11.41 Form—Motion to Suppress Statements
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