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12 years old - police questioning

Posted by on Jan. 15, 2012 at 5:01 PM
  • 46 Replies

Your thoughts?


1) at what age should a child be before police have the right to question him/her without a parent or guardian present and/or aware?


2) should any questioning conducted be fully recorded?



by on Jan. 15, 2012 at 5:01 PM
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Replies (1-10):
Strega
by on Jan. 15, 2012 at 5:03 PM

Hmmm... My first thought was about 14. Not sure why I think that, it was just the first age that popped into my head.

No matter what the age though, I believe it should be recorded, with both audio and video.


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auroragold
by on Jan. 15, 2012 at 5:06 PM


Quoting Strega:

Hmmm... My first thought was about 14. Not sure why I think that, it was just the first age that popped into my head.

No matter what the age though, I believe it should be recorded, with both audio and video.

Do you think a "confession" brought about by unsupervised questioning of a minor/juvenile holds validity?

Strega
by on Jan. 15, 2012 at 5:13 PM

That's why I'm saying it's best for them to get the Interview or Confession on both Video and Audio. That way it's clear that the Confession was voluntary and that they weren't pushed into it. I believe it would be valid in that case.

Do they allow Children to be interviewed without a Guardian though? I'm not sure how that works.

Quoting auroragold:


Quoting Strega:

Hmmm... My first thought was about 14. Not sure why I think that, it was just the first age that popped into my head.

No matter what the age though, I believe it should be recorded, with both audio and video.

Do you think a "confession" brought about by unsupervised questioning of a minor/juvenile holds validity?



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auroragold
by on Jan. 15, 2012 at 5:15 PM

Actually  - "they" do but I'm not sure if it's state specific.  I have a great (as in DAMN WHAT A SHAME) story about a 12 year old who was questioned and "confessed" to a murder he never committed.

Quoting Strega:


Do they allow Children to be interviewed without a Guardian though? I'm not sure how that works.

Quoting auroragold:


Quoting Strega:

Hmmm... My first thought was about 14. Not sure why I think that, it was just the first age that popped into my head.

No matter what the age though, I believe it should be recorded, with both audio and video.

Do you think a "confession" brought about by unsupervised questioning of a minor/juvenile holds validity?



auroragold
by on Jan. 15, 2012 at 5:17 PM

a blurb from the article (I'll post it fully)


During interrogation, Thomas Cogdell, then 12, tells police 36 times that he did not kill his sister. After police turned off the recorder, Thomas says, the pressure intensified and led to a confession he insists was false.

Strega
by on Jan. 15, 2012 at 5:17 PM

Eeesh...

You'll definitely have to tell that Story. I'm interested now. How on Earth did they get him to confess to something he didn't even do? Did they beat him into submission or something?


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Sunshine2plus2
by Member on Jan. 15, 2012 at 5:18 PM

 Depends what for. My son was 14yo and was questioned bc he witness someone get beat up. I was not there. If its bc your son is in trouble there is no way I would let them question him.

auroragold
by on Jan. 15, 2012 at 5:19 PM

or this:


In a 1998 San Diego case, a 14-year-old boy broke down in sobs after hours of police questioning and confessed to stabbing his 12-year-old sister. The boy also implicated his two friends and gave vivid details of the attack.

One of his friends also confessed, but on the eve of their murder trial, DNA tests detected the girl's blood on the clothes of another suspect, a 28-year-old schizophrenic drifter seen wandering in the neighborhood the night of the murder. Prosecutors now believe the man broke into the victim's home while her family slept.

auroragold
by on Jan. 15, 2012 at 5:21 PM

another chunk:

Nirider, the lawyer with the Center on Wrongful Convictions, compared the case to Thomas' case. She said both boys -- in shock that their sisters had been murdered -- suffered emotional breakdowns when pressured over hours by a team of police.

Nirider also believes investigators broke down Jessie Misskelley Jr., a teen when he confessed and implicated two others in the infamous 1993 murders of three 8-year-old West Memphis boys.

When the West Memphis Three were freed in August, Nirider was in the courtroom. Prosecutors cited a lack of DNA evidence, but required the three to enter guilty pleas before they could be released.

kmrtigger
by on Jan. 15, 2012 at 5:22 PM

I think until a person is an adult(18 yrs old) that a parent/guardian should be present during any kind of questioning. Unless the 18yr old has mental handicaps. Then the parent/guardian should be present at all times.

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