is a 16 year old legally able to waive their constitutional rights all by their self? Why are the police allowed to use juviniles in sting opporations without parents knowledge?
2006-06-08 06:02:40 · 6 answers · asked by megsgem 2 in Politics & Government ➔ Law Enforcement & Police
They are using them to catch adults.
2006-06-08 06:09:34 · update #1
Like mikeysco said: Yes, yes, and yes.
Here is an excerpt from a CA District Attorney's article that discusses Miranda and courts' rulings on it:
MINORS: Minors have the same Miranda rights as adults and, therefore, need not be
given any additional information. In the past, there was some confusion over whether
officers must notify a minor that he has a right to speak with a parent before questioning
or that he may have a parent present during questioning. The answer to both is no.
2006-06-08 10:05:07 · answer #1 · answered by gunsandammoatwork 6 · 2⤊ 0⤋
I'm not sure on this one, but I would think not. Even though some juveniles are tried as adults based on the crime committed, this is only determined by the courts, not at the time of arrest. He is underage and should be treated as such, which means he must have his parents or guardians present during a questioning. If he did nothing wrong, he is not obligated to go along with anything. I hate police officers.
2006-06-08 06:16:03 · answer #2 · answered by jeffandchristymoss@verizon.net 2 · 0⤊ 0⤋
Police questining of a minor without the parents present is not allowed. However a "sting" operation to catch juviniles breaking the law is allowed. If it wern't allowed then no minor could ever be arrested for breaking the law.
2006-06-08 06:06:30 · answer #3 · answered by AcidBurn003 2 · 0⤊ 0⤋
No. However, they can 'question' him. He is under NO obligation to answer their questions though, unless the book him and "bring him in" in which case they cannot legally speak to him without a parent and/or a lawyer present.
I would tell that boy to keep his mouth shut around the cops and tell his parents exactly what the cops have been doing. I would then suggest that the parents consult with a lawyer. The cops may be putting this boy in danger by involving him in the sting.
2006-06-08 07:56:30 · answer #4 · answered by Goose&Tonic 6 · 0⤊ 0⤋
yes they are but if they want to they can bring ina childs advocate which is like a lawyer for a kid but eventually the parents have to be notified
2006-06-08 06:12:20 · answer #5 · answered by nascar_hottie07 2 · 0⤊ 0⤋
if a 16 year old is accused of murder or rape, is he not trialed as an adult.
2006-06-08 06:07:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋