Section 24 Pre‑Interrogation Procedures

• Library: Juvenile Law 2011

Admissibility of juvenile admissions or confessions in the juvenile or criminal courts will ultimately depend on whether the court finds that the admission or confession has been knowingly and voluntarily given. This finding must be determined from the totality of circumstances on a case‑by‑case basis. In re A.D.R., 603 S.W.2d 575 (Mo. banc 1980).

“The totality approach permits—indeed, it mandates—inquiry into all the circumstances surrounding the interrogation. This includes evaluation of the juvenile’s age, experience, education, background, and intelligence, and into whether he has the capacity to understand the warnings given him, the nature of his fifth amendment rights, and the consequences of waiving those rights.”

Id. at 584 (quoting Fare v. Michael C., 442 U.S. 707, 725 (1979)); see also State v. Barnaby, 950 S.W.2d 1 (Mo. App. W.D. 1997).

Because the juvenile officer has the opportunity to observe the child before questioning and fulfills a protective function for the child, see State v. Arbeiter, 408 S.W.2d...