An analysis of the ethical and legal ramifications of interrogating a minor without his/her parents present.
Written in 2007; 3,149 words; 16 sources; MLA; $ 91.95
Paper Summary:
This paper discusses the ethics and legality of interrogating juveniles without their parents being present, particularly if the juvenile has requested their presence. It discusses tactics used in interrogations in order to improve the chances of receiving a confession. It then discusses whether there are special Miranda rules for juveniles and the consequences of that. The paper ends by discussing any practical considerations that should be taken into account when dealing with juveniles.
Table of Contents:
Just the Facts
Case by Case
II. The Interrogation
Interrogation Points
Criminal Interrogation Ethics
To Tell the Truth
Juvenile Facts
III. The Presumption of Innocence
BARD
Just the Facts
No Question
Practical Considerations
From the Paper:
"Geraghty & Drizin (1999) contend that Judges frequently fail to speak up and propose thoughtful solutions for the senseless injustices they see done to children on a daily basis. Some judges who are empathetic to the new juvenile justice draconian approaches fail to speak out as they support the "get tough" policies. Other judges fail do not verbalize counter thoughts as they are concerned they would inevitably become entangled with the political process and violate the Code of Judicial Conduct's prohibition and foster the impression they lack impartiality. This researcher posits that one daily injustice regularly practiced in the legal system is the interrogation of isolated juveniles."
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