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...