Admissibility Of Statements By A Juvenile

Juvenile advisement of rights - accompanying adult's adverse interest - admissibility. Under current law, statements by a juvenile concerning delinquent acts committed by the juvenile are admissible against the juvenile so long as the juvenile is accompanied by one or more specified adults during the advisement of constitutional rights and during the interrogation. A court decision found this to be legally sufficient even if the adult was shown to have an interest adverse to the juvenile. Under the act, if an issue concerning the adult's adverse interest is raised, the prosecution must prove by a preponderance of the evidence that the person conducting the interrogation reasonably believed that the adult did not have an interest adverse to the juvenile and helped safeguard the juvenile's constitutional rights to remain silent or obtain counsel during the interrogation.(Note: This summary applies to this bill as enacted.) Read More