2007-03-21 07:54:06 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Legally there has to be a parent or gardian in the room with an underage person.
2007-03-21 08:02:28 · answer #1 · answered by Krissy K 2 · 1⤊ 0⤋
Depends on the circumstances. Usually as a suspect no but if the child is a witness to something they can. Kids are questioned all the time in schools by school resource officers. What is admissible in court might be another thing but they can talk to kids, otherwise they would not be able to take a statement that might implicate the parent for sexually assaulting the child. Everything has to be reasonable and exigent circumstances have to be considered but it can be done but not as a standard practice.
2007-03-21 08:02:01 · answer #2 · answered by Tom W 6 · 0⤊ 1⤋
No...they don't have the "right" to question anyone without an attorney present. They for sure do not have the "right" to question children without their parent/guardian present. In fact the police don't have any "rights" they only have privileges granted to them by laws within the constitutional framework.
2007-03-21 08:00:41 · answer #3 · answered by Perry L 5 · 0⤊ 0⤋
can they question him? Yes.
Is it wise to do so? Not if they are trying to make any kind of arrest. A judge can easily say that they did not have capicity to consent to any questioning and thus anything they say CAN'T be used in court. Plus the fruit of a poisinous tree would likely appel so anything they learn from the kid even if it leads to more convincing evidence would probably be thrown out to.
2007-03-21 08:02:23 · answer #4 · answered by The Teacher 6 · 1⤊ 0⤋
You have not provided enough information for a reasonable answer.
Where was the child questioned, what were the circumstances, is the child under arrest, is he a witness.
There are certain circumstances when it is considered proper - others where it is not.
2007-03-21 08:01:34 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Questioning is ok - Answering on record required a representative present if requested.
2007-03-21 08:00:59 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Absolutely not. And a lawyer, if the PARENTS ask for one.
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2007-03-21 08:17:23 · answer #7 · answered by Anonymous · 1⤊ 0⤋
i wouldn't think so.
2007-03-21 08:01:31 · answer #8 · answered by ladycindy1701 3 · 1⤊ 0⤋