Any adult will likely feel intimidated by a police interrogation. This intimidation can be heightened when it is a juvenile on the receiving end.
The courts in Maryland recognize this fact, which is largely why the Child Interrogation Protection Act was introduced. This act outlines the rules regarding how law enforcement can question juveniles. Below are some key points to remember.
Can juveniles be questioned without an adult present?
Before questioning a juvenile, law enforcement must first allow them to seek legal guidance. Police officers must also make a reasonable effort to notify the juvenile’s parents of the situation. While the parent doesn’t have to be present, the juvenile’s right to seek legal guidance cannot be waived.
There is only one exception to this rule. The police may question the juvenile prior to seeking legal guidance if there is a credible and immediate threat to public safety.
Why do these protections exist?
It is very likely that juveniles do not fully understand their legal rights. Juveniles are much more likely to be victims of forced confessions and other forms of self-incrimination. There have been countless cases of juveniles being wrongly convicted based on making statements against their will.
What if these rules are not followed?
If the police question juveniles without following protocols, evidence collected in statements may be deemed inadmissible. The Child Interrogation Protection Act can help ensure that juveniles are treated fairly in custody and are not put at risk of self-incrimination.
As a parent, it can be worrying when your child has been arrested. However, it is important to remember that they have extensive legal rights. Seek further guidance to see that these rights are asserted properly.